State Of Gujarat vs Rameshbhai Aanadbhai
2021 Latest Caselaw 397 Guj

        C/FA/2183/2020                                   ORDER




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                    R/FIRST APPEAL NO. 2183 of 2020

                                With
             CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                  In R/FIRST APPEAL NO. 2183 of 2020
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                           STATE OF GUJARAT
                                 Versus
                         RAMESHBHAI AANADBHAI
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Appearance:
MS NIDHI VYAS, ASST GOVERNMENT PLEADER(1) for the Appellant(s)
No. 1,2
MR KM SHETH(838) for the Defendant(s) No. 1,2,3,4
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 CORAM: HONOURABLE MR. JUSTICE BIREN VAISHNAV

                            Date : 12/01/2021

                             ORAL ORDER

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

ORDER IN CIVIL APPLICATION

Rule returnable forthwith.

Learned advocate Mr. K.M. Sheth waives notice of service of rule on behalf of the respective opponents- claimants.

There shall be interim relief by way of stay of the execution, implementation and operation of the impugned

C/FA/2183/2020 ORDER

judgment and order passed by the Reference Court on condition that the applicant shall deposit the awarded amount 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 claimants 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) DIVYA