Citation : 2021 Latest Caselaw 4057 Guj
Judgement Date : 10 March, 2021
C/FA/1661/2019 IA ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR WITHDRAWAL/DISBURSEMENT OF
AMOUNT) NO. 1 of 2021
In R/FIRST APPEAL NO. 1661 of 2019
==========================================================
VAKHATSINH BHARATBHAI ZALA Versus SARDABEN RAMESHBHAI CHAUHAN ========================================================== Appearance:
MR.HIREN M MODI for the PETITIONER(s) No. for the RESPONDENT(s) No. MR MAULIK J SHELAT for the RESPONDENT(s) No. MR VIBHUTI NANAVATI for the RESPONDENT(s) No. ==========================================================
CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 10/03/2021
IA ORDER
Heard learned advocate Mr. Hiren Modi on behalf of the applicant, learned advocate Mr. Maulik Shelat on behalf of opponent no.3 and learned advocate Mr. Vibhuti Nanavati on behalf of opponent no.5.
Learned advocate Mr. Modi submits that vide order dated 16.4.2019, this Court, while issuing Notice, had directed that the impugned judgment and award shall remain stayed on the condition that the applicant shall deposit the awarded amount with the Tribunal before the returnable dated. Learned advocate further submits that the said order has been complied with and , therefore, appropriate order for disbursement may be passed by this Court.
Considering the same, Tribunal is directed to disburse 30% of the entire deposited amount to the applicant herein after due verification and whereas remaining 70% shall be deposited in Fixed
C/FA/1661/2019 IA ORDER
Deposit Account in any Nationalized Bank and whereas same shall be deposited initially for a period of 3 year and thereafter the same shall be renewed from time to time till final disposal of the Appeal and whereas the Applicant shall be entitled for periodical interest. The original FDR to be retained by the Nazir of the concerned Tribunal.
The First Appeal No. 1661 of 2019 may be fixed for hearing on 23.3.2021.
The present application stands disposed of accordingly.
(NIKHIL S. KARIEL,J) SAJ GEORGE
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