General Manager Ongc Laq K D M ... vs Patel Babubhai Virchandbhai
2021 Latest Caselaw 4854 Guj

            C/FA/1086/2020                                ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

              R/FIRST APPEAL NO.                1086 of 2020

                          With
       CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
            In R/FIRST APPEAL NO. 1086 of 2020
==========================================================
          GENERAL MANAGER ONGC LAQ K D M BHAWAN
                          Versus
               PATEL BABUBHAI VIRCHANDBHAI
==========================================================
Appearance:
MR RITURAJ M MEENA(3224) for the Appellant(s) No. 1
 for the Defendant(s) No. 2
MR JINESH H KAPADIA(5601) for the Defendant(s) No. 1
MR TUSHAR CHAUDHARY(5316) for the Defendant(s) No. 1
==========================================================

 CORAM: HONOURABLE MR. JUSTICE UMESH A. TRIVEDI

                             Date : 30/03/2021

                                ORAL ORDER

Order in First Appeal

Heard Mr.Rituraj M. Meena, learned advocate for appellant.

Admit.

To be heard with First Appeal No.1087 of 2020 and cross objection filed in this appeal also also cognate appeal.

             C/FA/1086/2020                                      ORDER




Order in Civil Application


    Rule.      Mr.Jinesh            Kapadia,             learned          advocate

waives service of rule on behalf of respondent­ claimant.

Considering the fact that in the cognate appeal and Civil Application for stay arising from the common impugned judgment and award, the claimants have already withdrawn total amount awarded. Whereas, in the present case, though amount is already deposited, the claimant has not withdrawn any amount.

Mr.Kapadia, learned advocate for the respondent­claimant submitted that even according to the claim made in the appeal by the appellant, if appeal is allowed accepting the case of the appellant, the amount awarded would be reduced by 36%, therefore, he has requested that instead of 50% withdrawal, respondent­claimant be directed for 60% of the amount and rest be invested.

Considering the same, the Reference Court is directed to permit withdrawal of 60% of the amount deposited by it to the respondent­claimant on verifying the identity through account payee cheque. Remaining amount of 40% shall be invested in cumulative fixed deposit in the name of the claimant and the fixed deposit shall be kept in

C/FA/1086/2020 ORDER

the custody of the Nazir, initially for a period of 3 years and thereafter, be renewed from time to time till final disposal of the appeal. There shall be no premature withdrawal or any advance or loan be permitted over the fixed deposit by any one.

In view thereof, the impugned judgment and award is stayed.

Rule made absolute to the aforesaid extent.

(UMESH A. TRIVEDI, J) ASHISH M. GADHIYA