Gujarat State Road Transport ... vs Bharatbhai Parshottambhai ...
2021 Latest Caselaw 4546 Guj

               C/FA/117/2020                            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. 117 of 2020
============================================

BHARATBHAI PARSHOTTAMBHAI PRAJAPATI Versus GALABJI SONAJI THAKOR ============================================ Appearance:

MR KK THAKKAR for the PETITIONER(s) No. for the RESPONDENT(s) No. MR HS MUNSHAW for the RESPONDENT(s) No. ============================================ CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

Date : 22/03/2021

IA ORDER

Heard learned Advocate Shri Kash Thakkar for the applicants - original claimants.

By way of this application, the applicants pray for passing appropriate order of disbursement as regards the amount awarded by the learned Tribunal. Vide order dated 17.01.2020, this Court (Coram: N.V. Anjaria, J.), while admitting the First Appeal, has stayed the implementation of the impugned judgment and award on condition that the appellant Corporation deposits the entire amount awarded by the learned Tribunal with interest and costs by next date of hearing.

Learned Advocates for the parties submit that the said order has been complied with and the amount has been deposited before the learned Tribunal.

C/FA/117/2020 IA ORDER

Considering the same, learned Tribunal shall disburse 30% of the entire deposited amount in favour of the applicant herein by A/c. Payee Cheque after due and proper verification. In so far as 70% of the awarded amount, the same shall be deposited in Fixed Deposit Receipt in any Nationalized Bank initially for a period of 3 years and thereafter, the same shall be renewed from time to time till final disposal of the First Appeal. The original Fixed Deposit Receipt to be retained by Nazir of the concerned Tribunal. The applicants shall be entitled for periodical interest upon such Fixed Deposit Receipt.

With this observation and direction, present Civil Application stands disposed of as allowed.

(NIKHIL S. KARIEL,J) Y.N. VYAS