Suryakantbhai Manilal Patel vs Lh Of Decd Janakbhai Kashiram ...
2021 Latest Caselaw 12251 Guj

       C/FA/239/2020                              IA ORDER DATED: 24/08/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


                 CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                       In R/FIRST APPEAL NO. 239 of 2020
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SURYAKANTBHAI MANILAL PATEL Versus LH OF DECD JANAKBHAI KASHIRAM PANDYA ========================================================== Appearance:

MS VIDITA D JAYSWAL for the PETITIONER(s) No. for the RESPONDENT(s) No. BHAVIN B THAKAR for the RESPONDENT(s) No. MR DAKSHESH MEHTA for the RESPONDENT(s) No. MR. RUSHANG D MEHTA for the RESPONDENT(s) No. RULE SERVED for the RESPONDENT(s) No. ==========================================================

CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

Date : 24/08/2021

IA ORDER

When the present application comes up for consideration, learned advocate Ms. Vidita Jayswal prays for conformation of stay.

2. It transpired from the submissiona of learned advocates appearing for the respective parties that a further clarity is required in the order dated 27.1.2020 whereby this court granted stay on operation, implementation and execution of the judgment and award of the Claims Tribunal impugned in the First Appeal by putting condition on the appellant to deposit 50% of the amount.

3. As per the operative portion of the impugned judgment and award, it is provided as under,

"The Opponent No.1 shall pay 50% amount of the total amount as well as the opponent Nos. 2 and 3 shall pay 50% amount of the total

C/FA/239/2020 IA ORDER DATED: 24/08/2021

amount."

3.1 It is this amount to the extent of 50% of total which is required to be deposited by the appellant in satisfaction of the condition imposed while granting stay.

4. Learned advocate for the appellant could not state that the entire amount is deposited. She, however, submitted that the order dated 27.1.2020 was construed by the applicant as entitling the applicant appellant to deposit 50% of the 50% . The misconception in this regard is cleared and it is provided that the applicant shall deposit total amount to the extent of 50% which is the liability fastened on the applicant appellant as per the judgment and award impugned.

5. Remaining 50% amount is permitted to be deposited before the next date.

6. Put up on 7.10.2021. The stay granted earlier however shall continue to operate till the next date.

7. It is stated jointly by the parties that the appellant has deposited the amount with the Registry of the High Court. The Registry is directed to transmit the amount to the Claims Tribunal concerned, which shall in turn invest the same in cumulative fixed deposit initially for a period of three months and renewable subject to further orders.

(N.V.ANJARIA, J) C.M. JOSHI