Bombay High Court
The Ex. Engineer, Minor Irrigation ... vs Aasif Sk. Raj Mohammad And Anr on 17 February, 2020
Author: K.K.Sonawane
Bench: K.K.Sonawane
{1} CA 2045 OF 2020 & ORS
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
1 CIVIL APPLICATION NO.2045 OF 2020
IN FAST/29225/2019
THE EX. ENGINEER, MINOR IRRIGATION DEPARTMENT, JALGAON
VERSUS
AASIF SK. RAJ MOHAMMAD AND ANR
...
WITH CA/2046/2020 IN FAST/29396/2019
WITH CA/2047/2020 IN FAST/29387/2019
WITH CA/2048/2020 IN FAST/29393/2019
WITH CA/2049/2020 IN FAST/29402/2019
WITH CA/2050/2020 IN FAST/29390/2019
WITH CA/2051/2020 IN FAST/29384/2019
...
Advocate for Applicant-Acquiring Body : Mr.Chillarge Subhash S.
Advocate for Respondents-claimants : Mr. M.M. Bhokarikar
AGP for Respondent-State : Mr.P.M.Kulkarni
...
CORAM : K.K.SONAWANE, J.
DATE: 17th February, 2020 PER COURT:-
1. Heard learned counsel for the applicant-Acquiring Body and learned counsel for the respondents-claimants as well as learned AGP for respondent-State Authority. Perused the applications and other relevant documents produced on record.
2. This Court under order dated 11.10.2019 granted ad- interim relief of stay to the execution and implementation of the impugned Judgments and awards passed by the learned Reference Court subject to condition that the applicant-Acquiring Body shall deposit entire decreetal amount on or before 05.02.2020. It was stipulated that in case the amount is not deposited, there shall be no stay and time limit to deposit the amount will not be extended.
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3. Today, the learned counsel for the applicant-Acquiring Body produced a letter addressed to the Principal Secretary, Water Conservation Department, Mantralaya, Mumbai, seeking budgetary allocation of funds for depositing the decreetal amount in this Court. According to the learned counsel, the applicant-Acquiring Body has been taking every efort to get the budgetary allocation of funds sanctioned from the Government for depositing the decreetal amount in this Court. The matter is under consideration of the Government of Maharashtra. Therefore, he prayed for extension of time for depositing the decreetal amount and grant of stay to the execution and implementation of the impugned Judgments and awards.
4. In view of aforesaid submission advanced on behalf of learned counsel for the applicant-Acquiring Body and documents produced on record, it would be justifable to give reasonable opportunity to the applicant-Acquiring Body for depositing the decreetal amount in this Court. In such circumstances, there would be no impediment to grant stay to the execution and implementation of the impugned Judgments and awards passed by the learned Reference Court for further period of six weeks i.e. till 31.03.2020.
5. Accordingly, applications stand disposed of.
6. Authenticated copy of this order be provided.
( K.K.SONAWANE ) JUDGE SPT ::: Uploaded on - 18/02/2020 ::: Downloaded on - 10/06/2020 08:05:14 :::