Gujarat State Road Transport ... vs Harshaben W/O Chandravadan ...
2021 Latest Caselaw 4166 Guj

       C/FA/2673/2020                                IA ORDER




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


            CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                 In R/FIRST APPEAL NO. 2673 of 2020
==========================================================

GUJARAT STATE ROAD TRANSPORT CORPORATION Versus HARSHABEN W/O CHANDRAVADAN LIMBACHIYA ========================================================== Appearance:

for the PETITIONER(s) No. AISHVARYA for the PETITIONER(s) No. RULE SERVED for the RESPONDENT(s) No. ==========================================================

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

Date : 15/03/2021

IA ORDER

1. Heard learned advocate Mr. N. R. Mehta on behalf of

learned advocate Ms. Aishvarya on behalf of the appellant.

2. Vide order dated 04.01.2021, this Court (Coram: Vaibhavi

D. Nanavati, J.) had while admitting the First Appeal, directed

that the impugned judgment and award shall remain stayed

subject to the applicant / appellant depositing the entire

amount as awarded by the learned Tribunal along with interest

and costs with the Tribunal concerned by the returnable date.

3. Learned advocate Mr. Mehta informs this court that the

C/FA/2673/2020 IA ORDER

entire amount has been deposited with the Tribunal. He further

submits that inspite of notice being served to the claimants,

nobody has appeared. In that view of the matter, the learned

Tribunal is directed to invest the entire amount deposited by

the applicant - Corporation in any cumulative fixed deposit

account with any nationalised bank, initially for a period of 3

years, renewed from time to time till final disposal of the

present appeal. The original FDR's shall be retained by the

Nazir of the concerned court. It will be open for the claimants

to file appropriate application for disbursement etc.

4. In view of the above, the impugned judgment and order

passed by the MACT (Aux.), Ahmedabad dated 20.08.2020 in

MACP No.159 of 2012 shall remain stayed pending final

disposal of this appeal.

5. With these observations and directions, the present

application stands allowed.

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