bsb IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL CIVIL CIVIL APPELLATE JURISDICTION APPELLATE JURISDICTION APPELLATE JURISDICTION WRIT WRIT WRIT PETITION NO. 4461 OF 2009 PETITION NO. 4461 OF 2009 PETITION NO. 4461 OF 2009 Ratnagiri District Central Co-op. Bank & ors. ... Petitioners v/s Shri Atmaram Devu Jaigade & anr. ... Respondents ALONGWITH ALONGWITH ALONGWITH WRIT WRIT WRIT PETITION NO. 4462 OF 2009 PETITION NO. 4462 OF 2009 PETITION NO. 4462 OF 2009 Ratnagiri District Central Co-op. Bank Ltd. & ors. ... Petitioners v/s Shrikrishna Moreshwar Bapat & anr. ... Respondents Mr.S.M. Gorwardkar for the petitioners in both petitions. Mr.N.N.Gavankar with Mr.Arfain Sait and Ms.Manasi Giri for the respondent No.1 in both petitions. CORAM: CORAM: CORAM: SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. SMT.NISHITA MHATRE, J. DATED: DATED: DATED: 6TH MAY, 2009 6TH MAY, 2009 6TH MAY, 2009 P.C. P.C. P.C.: 1. The writ petitions have been preferred by the petitioners contending that the condition imposed on them by the appellate Court for granting a stay of the awards are onerous. The appellate Court while staying the execution of the awards has directed the petitioners 2 to pay/deposit 3/4 of the amount payable under the awards to respondent No.1 in each of the petitions. 2. Mr.Gorwadkar appearing for the petitioners submits that on calculations the petitioners have found that the amount payable to the 1st respondent in Writ Petition No.4461 of 2009 is Rs.2,77,704/-. An amount of Rs.79,472/- is payable to the 1st respondent in Writ Petition No.4462 of 2009. He states that the Bank is willing to pay these admitted amounts to the 1st respondents in each petition pending the decision in the appeal. According to the learned advocate, the calculations indicate that the 1st respondent in each petition is not entitled to any further amount and, therefore, the order passed by the appellate Court is erroneous. 3. Mr.Gawankar, appearing for the 1st respondents in each matter submits that the petitioners have received a huge amount from the Reserve Bank of India and, therefore, they should have no difficulty in paying the amounts due under the awards. He submits that there is no error committed by the appellate Court for directing the payment of 3/4 of the amounts payable under the awards. 3 4. In my view, it would be appropriate to dispose of these petitions by accepting the statement made on behalf of the petitioner Bank that it would pay certain amounts to respondent No.1 in each petition, pending the decision in the appeals. The petitioner Bank will pay to the 1st respondent in W.P. No.4461 of 2009 an amount of Rs.2,80,000/- and to the 1st respondent in W.P. No.4462 of 2009 an amount of Rs.80,000/-. These amounts shall be paid to the 1st respondent in each petition, within a week from today. The 1st respondent in each petition shall accept the same without prejudice to the rights and contentions in the appeals and to contend that a higher amount as awarded is payable to them. 5. The appellate Court is requested to dispose of the appeals within three months from today. 6. Writ petitions disposed of accordingly. .....