Gujarat State Road Transport ... vs Ramakant Jogeshwar Shatriya
2021 Latest Caselaw 4163 Guj

        C/FA/2538/2020                              IA ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


      CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2020
               In R/FIRST APPEAL NO. 2538 of 2020
==========================================================

GUJARAT STATE ROAD TRANSPORT CORPORATION Versus RAMAKANT JOGESHWAR SHATRIYA ========================================================== Appearance:

for the PETITIONER(s) No. MR HS MUNSHAW for the PETITIONER(s) No. MR VILAV K BHATIA for the RESPONDENT(s) No. ==========================================================

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

Date : 15/03/2021

IA ORDER

1. Heard learned advocate Mr. Rushabh Shah for learned

advocate Mr. H. S. Munshaw on behalf of the applicant and

learned advocate Mr. Vilav K. Bhatia on behalf of the

respondent - original claimant.

2. Vide order dated 28.01.2021, this Court (Coram: Vaibhavi

D. Nanavati, J.) has been pleased to stay implementation,

operation and execution of the impugned judgment and award

subject to the condition that the appellant - Corporation

deposits the entire amount of compensation as awarded by the

learned Tribunal along with costs and interest before the next

C/FA/2538/2020 IA ORDER

returnable date with the Tribunal concerned.

3. Today, learned advocate Mr. Munshaw, upon instructions,

informs this Court that the said order has been complied with

and the entire amount has been deposited with the concerned

Tribunal.

4. In view of the same, learned advocate Mr. Bhatia for the

claimant requests this Court that appropriate orders for

disbursement / investment shall be passed by the Court.

5. Considering the same, the learned Tribunal is directed to

disburse 30% of the amount deposited by the applicant to the

original claimant, after due and proper verification. As regards

the remaining 70%, it shall be deposited in a fixed deposit

account with any nationalised bank initially for a period of 3

years and renewed from time to time thereafter till final

disposal of the present appeal. The original claimant shall be

entitled for periodical interest. The FDR's shall be retained by

the Nazir of the concerned Court.

6. In view of the directions above, the impugned judgment

and order passed by the learned MACT (Aux.), City Civil Court,

C/FA/2538/2020 IA ORDER

Ahmedabad dated 20.12.2019 in MACP No. 748/2008 is stayed

till final disposal of the First Appeal.

7. With these observations and directions, the civil

application stands allowed.

(NIKHIL S. KARIEL,J) MAYA S. CHAUHAN