Allowed

Central Railway Thr. Dy. Chief Engineer (Construction) v. Nana Mukund Patil (Since Deceased) through Lrs. 1- a) Minakshi Nana Patil and Ors.

Bombay HC14 Dec 2024IA/15546/2024

Case brief

AI extract

What is this about?

Interim application by Central Railway seeking stay of a land acquisition reference decree. Counsel undertook to deposit the decretal amount with interest in four weeks. Stay granted on effect, operation and execution; claimant may withdraw compensation with solvent surety or bank guarantee.

What the court decided

AI extract

Central Railway Thr. Dy. Chief Engineer… — Execution and Attachment | Bombay HC (2024)

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1 906-IA-15546-2024.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION

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INTERIM APPLICATION NO. 15546 OF 2024

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Central Railway Thr.Dy.Chief

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Engineer (Construction)

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… Applicant

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V/S.

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Nana Mukund Patil (Since Deceased) Through Lrs. 1- A) Minakshi Nana Patil & Ors.

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… Respondents

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Mr. Jenish Jain i/b Dr. Uday P. Warunjikar for Applicant.

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Mr. Sachin Punde for Respondent Nos. 1A to 1C.

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P.C. :

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The present Interim Application is seeking stay to the effect and operation as well as execution of judgment and decree passed by Civil Judge Senior Division and Additional Chief Magistrate, Alibaug, District Raigad dated 12.12.2023 in Land acquisition reference No.377/2019.

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The learned Counsel for the Applicant submits that the entire decretal amount along with accrued interest will be deposited in the Reference Court within a period of four weeks from today.

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1 of 2

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Ajit

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2 906-IA-15546-2024.doc

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As the decretal amount along with accrued interest is being deposited, there shall be stay to the effect and operation as well as execution of judgment and decree passed on 12.12.2023.

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Upon the amount deposited by the Applicant, the original claimant will be entitled to withdraw the amount compensation subject to furnishing of Solvent Surety / Bank Guarantee to the satisfaction of the Reference Court. The Reference Court shall grant opportunity of hearing to all the parties before accepting the Solvent Surety / Bank Guarantee. In the even, there is no deposit made. The stay granted would be stand vacated immediately.

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In even the application for withdrawal of compensation is not made by the claimant within a period of three months, then the amount deposited by the applicant shall be invested by the Reference Court in Fixed Deposit in any National Bank initially for a period of one year and thereafter renew the same subject to the orders of this Court.

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The Application is allowed in the above terms.

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(ARIF S. DOCTOR, J.)

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2 of 2

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Ajit

Central Railway Thr. Dy. Chief Engineer (Construction) v. Nana Mukund Patil (Since Deceased) through Lrs. 1- a) Minakshi Nana Patil and Ors.

Case brief

What is this about?

What the court decided

Central Railway Thr. Dy. Chief Engineer (Construction) v. Nana Mukund Patil (Since Deceased) through Lrs. 1- a) Minakshi Nana Patil and Ors.

Case brief

What is this about?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

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