State Of Gujarat vs Late Tapubhai Maghaji Jadeja ...
2021 Latest Caselaw 4543 Guj

          C/FA/1167/2021                              ORDER




   IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/FIRST APPEAL NO. 1167 of 2021

                            With
        CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
             In R/FIRST APPEAL NO. 1167 of 2021
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                      STATE OF GUJARAT
                            Versus
      LATE TAPUBHAI MAGHAJI JADEJA THROUGH LH
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Appearance:
MS ASMITA PATEL, AGP for the Appellant(s) No. 1
for the Defendant(s) No. 1
MR SANJAY A MEHTA(469) for the Defendant(s) No. 1.1,1.2,1.3
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CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI
               Date : 22/03/2021
                ORAL ORDER

ORDER IN FIRST APPEAL ADMIT.

Mr. Sanjay Mehta, learned advocate appearing for the respondents -original claimants waives service of notice of admission.

To be heard with First Appeal No.2383 of 2020.

ORDER IN CIVIL APPLICATION

1. Rule. Mr.Sanjay Mehta, learned advocate appearing for the respondents- original claimants waives service of notice of Rule.

C/FA/1167/2021 ORDER

2. Ms. Asmita Patel, learned Assistant Government Pleader submitted that the entire amount awarded has been deposited before the Reference Court by the applicants.

3. In view thereof, the respondents- original claimants are permitted to withdraw 50% of the amount so deposited. The Reference Court is directed to disburse 50% of the amount deposited to the respondents- original claimants after ascertaining the identity by an account payee cheque. The remaining amount of 50% shall be invested in cumulative Fixed Deposit Receipt in any Nationalized Bank initially for a period of three years and to be renewed it from time to time till final disposal of this First Appeal. No premature withdrawal, loan or any other withdrawal shall be entertained from the said Fixed Deposit by anyone. The said Fixed Deposit Receipt shall be kept in custody of Nazir of the Reference Court. The impugned judgment and award shall remain stayed till final disposal of the First Appeal on the aforesaid terms.

4. The Civil Application stands disposed of. Rule is made absolute to the aforesaid extent.

(UMESH A. TRIVEDI, J) TUVAR