The State Of Gujarat vs Hirabhai Rajabhai
2021 Latest Caselaw 1212 Guj

         C/FA/190/2021                                  ORDER




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/FIRST APPEAL NO. 190 of 2021

                                 With
             CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                   In R/FIRST APPEAL NO. 190 of 2021
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                         THE STATE OF GUJARAT
                                 Versus
                           HIRABHAI RAJABHAI
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Appearance:
MS. NIDHI VYAS, ASSISTANT GOVERNMENT PLEADER(1) for the
Appellant(s) No. 1
for the Defendant(s) No. 1,2
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 CORAM: HONOURABLE MR. JUSTICE BIREN VAISHNAV

                            Date : 27/01/2021

                             ORAL ORDER

ORDER IN FIRST APPEAL NO. 190 of 2021

Admit. To be heard with First Appeal No. 2050 of 2020.

ORDER IN CIVIL APPLICATION NO. 1 of 2020

Rule returnable forthwith.

Learned advocate Mr.K.M.Sheth, waives service of

notice of rule on behalf of the rspective respondents -

claimants.

There shall be interim relief by way of stay of the

execution, implementation and operation of the impugned

judgment and order passed by the Reference Court on

condition that the applicant shall deposit the awarded amount

C/FA/190/2021 ORDER

by the impugned judgment and award together with costs and

interest within eight weeks before the Reference Court. The

Reference Court shall release 50% of the amount deposited by

the appellant in favour of the claimant after due verification.

The remaining 50% amount shall be invested in cumulative

fixed deposit in any nationalized bank initially for the period

of three years, to be renewed from time to time till final

disposal of the appeals. The claimants shall not be allowed

premature withdrawal thereof or to raise any borrowings on

the basis of such investment. Original of the Fixed Deposit

may be retained in the custody of the Reference Court.

Civil Application for stay accordingly is allowed. Rule is

made absolute.

(BIREN VAISHNAV, J) BIMAL