Gujarat State Road Transport ... vs Bachibhai Hussain Jasiya
2021 Latest Caselaw 1004 Guj

         C/FA/4543/2019                                              IA ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2019
                 In R/FIRST APPEAL NO. 4543 of 2019
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GUJARAT STATE ROAD TRANSPORT CORPORATION Versus BACHIBHAI HUSSAIN JASIYA ========================================================== Appearance:

MR HS MUNSHAW for the PETITIONER(s) No. for the RESPONDENT(s) No. NISHIT A BHALODI for the RESPONDENT(s) No. RULE NOT RECD BACK for the RESPONDENT(s) No. RULE UNSERVED for the RESPONDENT(s) No. ==========================================================

CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA and HONOURABLE MR. JUSTICE A.S. SUPEHIA

Date : 21/01/2021

IA ORDER (PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

Heard learned advocates for the respective parties.

2. This Court on 17th December, 2019 issued Rule in the present application for stay making returnable on 29th January, 2020. Ad-interim relief in terms of prayer 3(b) was granted staying the implementation and execution of the judgment and award of the Motor Accident Claims Tribunal on condition that the applicant shall deposits the entire awarded amount before the Tribunal.

3. Today when the application came up for consideration, it was stated by learned advocates for

C/FA/4543/2019 IA ORDER

the parties that the awarded amount was deposited. Not only that, thereafter Civil Application (For Withdrawal/Disbursement of the Amount) No.1 of 2020 was moved by the original claimants which culminated into order dated 09th December, 2020, whereby this Court allowed the disbursement of part of the amount and the rest of the 70% amount was ordered to be invested in a nationalized bank in a fixed deposit.

4. In view of above, the stay granted as per order dated 17th December, 2019 stands confirmed in terms of order dated 09th December, 2020 passed in the aforesaid Civil Application (For Withdrawal/ Disbursement of Amount) No.1 of 2020.

5. Rule is made absolute accordingly.

(N.V.ANJARIA, J)

(A. S. SUPEHIA, J) ANUP