Gujarat High Court
Gujarat Road Transport ... vs Nirmalaben Vallabhbhai Alias ... on 23 March, 2021
Bench: Nikhil S. Kariel
C/FA/1197/2021 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1197 of 2021
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
In R/FIRST APPEAL NO. 1197 of 2021
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GUJARAT ROAD TRANSPORT CORPORATION
Versus
NIRMALABEN VALLABHBHAI ALIAS VIPULBHAI BHOJANI
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Appearance:
MR HS MUNSHAW(495) for the Appellant(s) No. 1
for the Defendant(s) No. 5
MR SANDEEP N BHATT(190) for the Defendant(s) No. 1,2,3,4
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CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 23/03/2021
ORAL ORDER
Order in First Appeal
Heard learned advocate Mr. Rushabh Munshaw for
learned advocate Mr. H. S. Munshaw on behalf of the appellant
and learned advocate Mr. Sandeep Bhatt on behalf of
respondents No.1 to 4- original claimants.
ADMIT. Learned advocate Mr. Bhatt waives service of
admission on behalf of original respondents No.1 to 4.
C/FA/1197/2021 ORDER
Order in Civil Application
Heard learned advocate Mr. Rushabh Munshaw for
learned advocate Mr. H. S. Munshaw on behalf of the applicant
and learned advocate Mr. Sandeep Bhatt on behalf of
respondents No.1 to 4- original claimants.
By way of this application, the applicant prays for
implementation and execution of judgment and award dated
25.02.2019 passed by the learned MACT (Auxi.), Rajkot in
MACP No. 1040/2011.
Learned advocate on behalf of the claimants has made a
statement before this Court that the applicant/appellant has
already deposited the entire amount awarded with interest and
costs before the concerned Tribunal and in view of the same,
he submits that this Court while passing orders in the civil
application for stay may also pass appropriate orders for
disbursement / investment of the amount deposited.
Considering the same, the learned Tribunal is directed to
disburse 30% of the entire amount deposited in favour of the
applicants herein after due and proper verification.
C/FA/1197/2021 ORDER
Learned advocate Mr. Bhatt, at this stage brings to the
notice of this Court that the original claimant No.2 was minor
at that point of time. Now he has attained the age of majority
and the same may appropriately taken note of while disbursing
the amount. The learned Tribunal will take note of such fact.
As regards the remaining 70%, the same shall be deposited in
a fixed deposit account in any Nationalised Bank initially for a
period of 3 years till final disposal of the First Appeal whereas
original FDR's shall be retained by the Nazir of the concerned
Tribunal. The applicants shall be entitled for periodical interest.
In view of the observations and directions herein above,
the impugned judgment and award dated 25.02.2019
passed by MACT (Auxi.), Rajkot in MACP No. 1040/2011
shall remain stayed till final disposal of the First Appeal.
With these directions, the present application stands allowed.
(NIKHIL S. KARIEL,J)
MAYA S. CHAUHAN
