Cholamandalam Ms General ... vs Niteshkumar Madhubhai Vasava
2021 Latest Caselaw 37 Guj

            C/FA/217/2020                                      IA ORDER




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


CIVIL APPLICATION (FOR WITHDRAWAL/DISBURSEMENT OF AMOUNT)
                           NO. 1 of 2020
                In R/FIRST APPEAL NO. 217 of 2020
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NITESHKUMAR MADHUBHAI VASAVA Versus PRATHAMBHAI GANPATBHAI VASAVA ========================================================== Appearance:

NISHIT A BHALODI for the PETITIONER(s) No. for the RESPONDENT(s) No. MR RATHIN P RAVAL for the RESPONDENT(s) No. MR SANDIP C SHAH for the RESPONDENT(s) No. ==========================================================

CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

Date : 04/01/2021

IA ORDER

1. Heard learned advocate Shri Nishit A. Bhalodi for the applicant and learned advocate Shri Rathin P. Raval for the opponent-claimants. Learned Counsel for the applicant states that the awarded amount is deposited with the Tribunal.

2. Learned advocate for the applicant states that the First Appeal is already admitted vide order dated 23.01.2020 and the awarded amount has been deposited with the Tribunal.

3. Considering the same, the impugned judgment and award is hereby stayed till final disposal of the appeal. The Tribunal shall disburse 30% of the awarded amount amongst the claimants after due verification and invest the remaining 70% of the amount in FDR with any 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

C/FA/217/2020 IA ORDER

retained by the Nazir Department of the concerned Tribunal.

4. With the aforesaid directions, the civil application is allowed to the aforesaid extent.

(VAIBHAVI D. NANAVATI,J)

NEHA