Allowed

Executive Engineer, Nandur Madhyameshwar Project, Nashik v. Rambhau Shankar Shirsat and Anr.

Bombay HC21 Apr 2022IA/1145/2021

Case brief

AI extract

What is this about?

Single judge allowed an interim application for stay of an award. The court permitted a stay on condition that the applicant deposits the full awarded amount with interest, allowing the respondent to withdraw 50% upon undertaking to deposit the balance if the appeal succeeds.

What did the court decide?

Interim application allowed. Applicant to deposit entire awarded amount with interest; respondent permitted to withdraw 50% by undertaking to deposit balance if appeal succeeds.

Executive Engineer, Nandur Madhyameshwar… — Civil Procedure and Limitation | Bombay HC (2022)

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Digitally signed by HEMANT HEMANT CHANDERSEN CHANDERSEN SHIV SHIV Date: 2022.06.30 17:36:42 +0530

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17-IA-1145-2021.DOC

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Shiv

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 1145 OF 2021 IN FIRST APPEAL (ST) NO. 2400 OF 2021

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Executive Engineer, Nandur Madhyameshwar …Applicant Project, Division Nashik Versus Rambhau Shankar Shirsat …Respondent

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Ms.Chaitrali Deshmukh , for the Applicant. Mr.Sachin Gite , for the Respondent. Smt.Tanya Goswami, for the Respondent No.2.

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CORAM Madhav J. Jamdar, J. DATED: 21^st April, 2022

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PC:-

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1. Heard Ms.Chaitrali Deshmukh, learned Counsel appearing for the Applicant, Mr.Sachin Gite, learned Counsel appearing for Respondent and Ms.Tanya Goswami, learned AGP appearing for the Respondent No.2.

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2. By this Interim Application, the Applicant is seeking stay of the operation and implementation of the judgment and award dated 7th August 2017 passed in LAR No.48 of 2010 by the Civil Judge, Senior Division, Nashik. Ms. Chaitrali Deshmukh, the learned counsel for the Applicant states that within 12 weeks the Applicant

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Page 1 of 2 21^st April 2022

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17-IA-1145-2021.DOC

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is ready to deposit the entire awarded amount along with upto date interest till date before the concerned Reference Court.

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3. As Applicant is ready to deposit entire awarded amount along with interest before the concerned Reference Court, this Interim Application is allowed in terms of prayer clause (b) on the condition that the Respondent-claimant is at liberty to withdraw 50% of the amount deposited by the Applicant by giving usual undertaking to the effect that in case the Appeal is allowed the Respondent-claimant will deposit entire amount in this Court along with interest as per the further orders passed in the First Appeal.

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4. Learned Counsel for the Respondent-claimant is also at liberty to file an Application seeking withdrawal of balance 50% of the amount deposited. The said Application will be considered on its own merits.

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5. The Interim Application is disposed of in the aforesaid terms.

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(Madhav J. Jamdar, J.)

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Page 2 of 2 21^st April 2022

Executive Engineer, Nandur Madhyameshwar Project, Nashik v. Rambhau Shankar Shirsat and Anr.

Case brief

What is this about?

What did the court decide?

Executive Engineer, Nandur Madhyameshwar Project, Nashik v. Rambhau Shankar Shirsat and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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