1 FARAD CONTINUATION SHEET No. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD CIVIL APPLICATION NO. 13074 OF 2010 IN FIRST APPEAL NO. 241 OF 2010 Office Notes, Office Memoranda of Coram, appearances, Court's orders or directions and Registrar's orders Court's or Judge's Orders Mrs. Anjali Dube (Bajpai), Advocate for the applicant. ............................. CORAM : S.V. GANGAPURWALA, J. DATE : 19/11/2010 PER COURT : 1. The present application is filed by the original claimant. The present non applicant no. 1 has filed First Appeal No. 241 of 2010 against the Judgment and Award passed by the Reference Court. Initially, vide Order dated 2/2/2010 passed on Civil Application No. 1496 of 2010, this Court had passed order granting stay to the impugned Award on the Municipal Council depositing an amount of Rs. 1,00,000/-. The said order was an ad-interim order. The notice was also issued on the said date to the present respondents. Thereafter the interim relief was continued untill further orders vide order dated 23/3/2010. The present Civil Application has been filed seeking directions 2 against the present non applicants to deposit the entire decreetal amount under the Award as passed in L.A.R. No. 83 of 1989. A copy of the present Civil Application has been served on the non applicants on 3/9/2010. On 22/10/2010, the hearing on the application was adjourned at the request of the respondents and the matter was kept today. Today in the morning session, when the matter is called out, none appeared for non applicant no. 1. As such, the matter was kept back. Even in the second session, none appears for non applicant no. 1. 2. The Award tantamounts to money decree. Even the Award carries an interest @ 15 % per annum from 1981 till realization. In the event if the Appeal is dismissed, the applicant will have to pay huge interest @ 15 % . As such, it would be in the interest of justice to direct non applicant no. 1 to deposit the total amount under the Award within the period of eight weeks from today. 3. In the result, the Civil Application is allowed in terms of prayer clause ‘ B ’. The amount already deposited shall be adjusted. The Civil Application is accordingly disposed off. [ S.V. GANGAPURWALA ] JUDGE knp/CA 13074.10 in FA 241.10