ash 1 caf-3165.10 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELATE JURISDICTION CIVIL APPLICATION NO.3165 OF 2010 IN FIRST APPEAL NO.1169 OF 2010 The Executive Engineer Laghu Patbanchare Vibhag .. Applicant vs. Shri Shankar Sawala Arjun (since deceased through L.Rs.) .. Respondents ­­ Shri Abhijeet Kadam along with Shri D.D. Shinde for the Applicant. Shri Mahindra Deshmukh for Respondent Nos.1(a) to 1(g). ­­ CORAM : A.S.OKA,J. DATE : 22ND AUGUST, 2011 P.C.: 1. Heard learned counsel for the applicant and the learned counsel for respondent nos.1(a) to 1(g). As per the ad­interim 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 Applicant/appellant fails in the appeal, interest at the rate of 15% per annum on enhanced compensation will have to be paid. Hence, to avoid payment of interest for long period, entire amount will have to be deposited as a condition for grant of stay. ash 2 caf-3165.10 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 period of three months from today. On deposit of the said amount, bank guarantee furnished by the applicant in terms of the ad­interim order shall stand cancelled. (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 ( Original Claimants ) to withdraw entire compensation amount 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. ( A.S.OKA, J )