Pranavbhai Zaverchand Khona vs Nagjibhai Govabhai Rabari
2021 Latest Caselaw 336 Guj

        C/FA/1493/2020                                          ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                R/FIRST APPEAL NO.             1493 of 2020

                           With
        CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
             In R/FIRST APPEAL NO. 1493 of 2020
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                    PRANAVBHAI ZAVERCHAND KHONA
                               Versus
                     NAGJIBHAI GOVABHAI RABARI
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Appearance:
MR Y J PATEL(3985) for the Appellant(s) No. 1
 for the Defendant(s) No. 1,2,4
MS AMI N BHATT(3372) for the Defendant(s) No. 3
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 CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                          Date : 11/01/2021

                             ORAL ORDER

ORDER IN FIRST APPEAL

Heard Shri Y.J. Patel, learned advocate for the appellant.

Admit. Ms. Ami N. Bhatt, learned advocate waives service of notice of admission for opponent no.3.

ORDER IN CIVIL APPLICATION

1. Rule returnable on 15.03.2021. The operation, implementation and execution of the impugned judgment and award passed by the Motor Accident Claims Tribunal (Aux.), Gandhidham-Kutch, dated 08.03.2019 in MACP No.323 of 2016 is stayed on condition that applicant shall deposit the entire awarded amount with interest and costs as determined by the Tribunal before the next returnable date.

C/FA/1493/2020 ORDER

2. After depositing the amount by the applicant, the Tribunal shall invest the amount in a Fixed Deposit Receipts in a Nationalized Bank initially for a period of three years and the same shall be renewed from time to time and shall not be encashed till final disposal of the appeal. The original FDR be retained by the Nazir Department of the concerned Tribunal.

3. It is open for the claimants to file appropriate application for disbursement of the amount.

(VAIBHAVI D. NANAVATI,J)

NEHA