1 caf3166 ssp IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.3166 OF 2010 IN FIRST APPEAL NO.1170 OF 2010 The Executive Engineer Laghu Patbanchare Vibhag ...Applicant vs. Ramu Sawala Aarjun (since deceased through L.Rs.) ...Respondents Mr.Jitesh Shinde for the applicant Mr.Mahindra Deshmukh for the respondent nos.1a to 1e CORAM : A.S.OKA,J. DATE : APRIL 11,2011 P.C.: 1 Heard learned counsel for the applicant and the learned counsel for respondent nos.1a to 1e. As per the ad-interim order passed by this Court on 7th December 2010, the applicant has deposited 50% of the compensation amount and has furnished bank guarantee for the remaining 50% of the amount. 2 Impugned Award is in the nature of money decree. Moreover, in the event the appellant fails in the appeal, interest at the rate of 15% per annum on enhanced compensation will have to be paid. 3 Hence, application is disposed of by passing the following order : i) There will be interim relief in terms of prayer clause (a) subject to condition of the applicant depositing with the Reference Court the balance compensation amount payable as of today within a 2 caf3166 period of three months from today. On deposit of the said amount, bank guarantee furnished by the applicant in terms of the ad-interim order shall stand canceled. ii)If balance amount is not deposited within stipulated time, stay will stand vacated without further reference to the Court. iii)The Reference Court will permit the respondent nos.1a to 1e to withdraw entire compensation on furnishing adequate security for the said amount to the satisfaction of the Reference Court. iv)The applicant will be heard before accepting the security. JUDGE