Citation : 2021 Latest Caselaw 4446 Guj
Judgement Date : 19 March, 2021
C/FA/60/2021 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. 60 of 2021
==========================================================
NATHABHAI HAMIRBHAI DODIYA Versus LALJIBHAI KANJIBHAI PATEL ========================================================== Appearance:
NISHIT A BHALODI for the PETITIONER(s) No. for the RESPONDENT(s) No. MR RATHIN P RAVAL for the RESPONDENT(s) No. ==========================================================
CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 19/03/2021
IA ORDER
1. Heard learned advocate Mr. Nishit Bhalodi on behalf of
the applicants and learned advocate Mr. Rathin P. Raval on
behalf of the respondent.
2. Vide an order dated 12.01.2021, this Court (Coram:
Vaibhavi D. Nanavati, J.) had directed that the impugned
judgment and award passed by the learned Tribunal shall
remain stayed on condition that the applicant shall deposit the
amount of liability of the applicant as determined by the
Tribunal before the next returnable date.
C/FA/60/2021 IA ORDER
3. Learned advocate Mr. Raval informs this Court that the
said order has been complied with. In view thereof, learned
advocate Mr. Bhalodi requests this court to pass orders of
disbursement/investment.
4. Considering the same, the learned Tribunal shall disburse
30% of the entire deposited amount to the applicants herein
after due verification. As regards remaining 70% of the
amount, the same shall be deposited in a fixed deposit account
with any Nationalised Bank initially for a period of 3 years,
renewed from time to time till final disposal of the appeal. The
applicants herein shall be entitled to periodical interest. The
original FDR's to be retained by the Nazir of the concerned
Tribunal.
5. With these observations and directions, the present Civil
Application stands disposed of.
(NIKHIL S. KARIEL,J) MAYA S. CHAUHAN
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