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2025 DAILYLAW 9641 (BOM)

THE EX. ENGINEER, OSMANABAD MEDI. PROJ. DIV. AND ORS v. HAIBAT SIDDA TODAKAR (DIED) THR LRS SHRIRAM AND ANR

CA/4270/2025 · 2025-04-16

Shri Neeraj P Dhote

body2025

Judgment text

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1 919CA4270.2025.odt IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD. 919 CIVIL APPLICATION NO. 4270 OF 2025 IN FAST/5648/2021 The Exe. Engineer, Osmanabad Medi. Proj. Div. And Others Versus Haibat Sidda Todakar (Died), through LRs Shriram & Anr. ... Mr. Rahul A. Tambe - Advocate for Applicants Mr. Yash Pareek h/f Mr. A. B. Kale - Advocate for Respondents ... CORAM : NEERAJ P. DHOTE, J. DATED : 16TH APRIL 2025 PER COURT : - 1. This is an Application for stay to the impugned Judgment and Award dated 16.06.2017 passed by the learned Civil Judge Senior Division, Bhoom, Dist. Osmanabad, in L.A.R. No. 297 of 2014. 2. Heard learned Advocate for the Applicants. 3. Issue notice to the Respondents. Learned Advocate Mr. Yash Pareek holding for Mr. A. B. Kale waives service of notice for the Respondents. 4. The learned Advocate for the Applicants submits that the Application be allowed since the delay in preferring the Appeal has been condoned. He submits that, 50% amount under the Award is received by the Acquiring Body. The Acquiring Body is ready to deposit the same in SG Punde 2 919CA4270.2025.odt this Court. He submits that, in identical matters, this Court by order dated 21.08.2023 passed in Civil Application No. 8287 of 2022 in FAST No. 5553 of 2021 and connected Applications, has granted stay to the impugned Judgments and Awards therein subject to the condition. 5. The Application is opposed by the learned Advocate for the Claimants. 6. There is no dispute that the aforesaid order dated 21.08.2023 relied upon by the learned Advocate for the Applicant is passed in the identical matters and, hence, the present Application seeking stay to the impugned Judgment and Award is allowed in terms of the said order, which reads thus : - “[II] Pending hearing and disposal of Applications, there shall be stay to the execution of impugned Award passed by the Reference Court subject to deposit of amount to the extent of 50% of Award passed by the Reference Court.” 7. The amount shall be deposited by the Acquiring Body within a period of one (1) week. 8. Application is disposed off accordingly. [NEERAJ P. DHOTE] JUDGE SG Punde Signed by: Sandeep Gulabrao Punde Designation: PS To Honourable Judge Date: 17/04/2025 19:54:04