Gujarat High Court
State Of Gujarat Through Chief ... vs Gangjibhai Hakabhai on 20 January, 2021
Bench: N.V.Anjaria, A.S. Supehia
C/FA/5387/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 5387 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
In R/FIRST APPEAL NO. 5387 of 2019
With
R/FIRST APPEAL NO. 5427 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
In R/FIRST APPEAL NO. 5427 of 2019
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R/FIRST APPEAL NO. 5402 of 2019
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CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
In R/FIRST APPEAL NO. 5402 of 2019
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R/FIRST APPEAL NO. 5422 of 2019
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CIVIL APPLICATION (FOR STAY) NO. 2 of 2019
In R/FIRST APPEAL NO. 5422 of 2019
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R/FIRST APPEAL NO. 5421 of 2019
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CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
In R/FIRST APPEAL NO. 5421 of 2019
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R/FIRST APPEAL NO. 5392 of 2019
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CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
In R/FIRST APPEAL NO. 5392 of 2019
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R/FIRST APPEAL NO. 5391 of 2019
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CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
In R/FIRST APPEAL NO. 5391 of 2019
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R/FIRST APPEAL NO. 5433 of 2019
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CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
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R/FIRST APPEAL NO. 5403 of 2019
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In R/FIRST APPEAL NO. 5403 of 2019
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R/FIRST APPEAL NO. 5394 of 2019
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CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
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R/FIRST APPEAL NO. 5426 of 2019
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CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
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R/FIRST APPEAL NO. 5390 of 2019
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CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
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R/FIRST APPEAL NO. 5431 of 2019
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CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
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R/FIRST APPEAL NO. 5424 of 2019
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CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
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R/FIRST APPEAL NO. 5400 of 2019
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CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
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R/FIRST APPEAL NO. 5399 of 2019
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R/FIRST APPEAL NO. 5396 of 2019
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CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
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CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
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In R/FIRST APPEAL NO. 5401 of 2019
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R/FIRST APPEAL NO. 5398 of 2019
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CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
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R/FIRST APPEAL NO. 5388 of 2019
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CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
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R/FIRST APPEAL NO. 5430 of 2019
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R/FIRST APPEAL NO. 5389 of 2019
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CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
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R/FIRST APPEAL NO. 5423 of 2019
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CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
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R/FIRST APPEAL NO. 5397 of 2019
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CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
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R/FIRST APPEAL NO. 5404 of 2019
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CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
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R/FIRST APPEAL NO. 5395 of 2019
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CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
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R/FIRST APPEAL NO. 5393 of 2019
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CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
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C/FA/5387/2019 ORDER
In R/FIRST APPEAL NO. 5393 of 2019
==========================================================
STATE OF GUJARAT THROUGH CHIEF SECRETARY
Versus
GANGJIBHAI HAKABHAI
==========================================================
Appearance:
MS. DHWANI TRIPATHI, ASSISTANT GOVERNMENT PLEADER(1) for the
Appellant(s) No. 1,2
VMP LEGAL(7210) for the Defendant(s) No. 1
==========================================================
CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA
and
HONOURABLE MR. JUSTICE A.S. SUPEHIA
Date : 20/01/2021
COMMON ORAL ORDER
(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)
Order in the First Appeals
Heard learned Assistant Government Pleader Ms. Dhwani Tripathi
for the applicant State and learned advocate Mr. Harshrajsinh Vaghela for
VMP Legal for the respondent No.1, in all the appeals.
All the appeals are admitted.
Learned advocate Mr. Harshrajsinh Vaghela for VMP Legal
waives service of Rule for the respondent No.1, in all the appeals.
Order in Civil Applications
Heard learned Assistant Government Pleader Ms. Dhwani Tripathi
for the applicant State and learned advocate Mr. Harshrajsinh Vaghela for
VMP Legal for the respondent No.1 in each of the civil applications.
2. These are the applications whereby the stay of implementation and
C/FA/5387/2019 ORDER
execution of judgment and award of the Reference Court involved in the
respective first appeals is prayed for.
3. Rule, returnable forthwith. Learned advocate Mr. Harshrajsinh
Vaghela for VMP Legal waives service of Rule for the respondent No.1
in each of the civil applications.
4. It was stated by learned Assistant Government Pleader that in
respect of each of the cases, the awarded amount has been deposited by
the appellant State. In that view, there shall be stay of implementation
and execution of the impugned judgment and award involved in each of
the appeals.
5. The deposited amount shall be invested by the Reference Court in
fixed deposit in nationalised bank initially for a period of one year and
renewable, to be subject to further and future orders which may be passed
by the court.
5.1 Interim stay grated above stands confirmed to operate accordingly.
6. It is clarified that the original claimants are at liberty to move
separate applications for disbursement of the part of the amount out of the
total deposited and invested amount, to be considered on its own merits
and in accordance with law.
7. The civil applications stand disposed of. Rule is made absolute.
(N.V.ANJARIA, J)
(A. S. SUPEHIA, J)
C.M. JOSHI
