General Manager , Ongc vs Dahyabhai Naranbhai Patel
2021 Latest Caselaw 4945 Guj

         C/FA/1752/2020                                 IA ORDER




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

      CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                           In
             R/FIRST APPEAL NO. 1752 of 2020
================================================

GENERAL MANAGER , ONGC Versus DAHYABHAI NARANBHAI PATEL ================================================ Appearance:

MR RITURAJ M MEENA for the PETITIONER(s) No. J K GANDHI for the RESPONDENT(s) No. MR AKASH R PATEL for the RESPONDENT(s) No. ================================================

CORAM:HONOURABLE MR. JUSTICE UMESH A. TRIVEDI Date : 31/03/2021 IA ORDER

1. Heard Mr. Rituraj Meena, learned advocate for the applicant.

He submitted that the amount as ordered by this Court vide order dated 23.09.2020 has already been deposited.

2. Shri Akash Patel, learned advocate for the respondent no.1-

original claimant, submitted that the previous award, which has been relied on to enhance the amount of compensation by the Reference Court is challenged before this Court, being First Appeal No.737 of 2020, which is already admitted and the Court has permitted part withdrawal thereof.

3. Shri Rituraj Meena, learned advocate for the applicant,

submitted that in that very previous award from which the

C/FA/1752/2020 IA ORDER

Appeal is filed and admitted by the Court, it directed deposit of only 50% of the amount awarded by the Reference Court and stay was granted on that condition. Not only that, out of 50% amount, which is ordered to be deposited, only 50% thereof was permitted to be withdrawn.

4. Considering the same, the impugned judgment and award is

stayed on condition that the applicant shall deposit 50% of the amount awarded by the Reference Court within a period of eight weeks from today. Out of the amount so deposited, 50% thereof shall be permitted to be withdrawn by the respondent no.1- original claimant on properly ascertaining the identity and through account payee cheque. Remaining 50% amount, out of the amount deposited, shall be invested in cumulative fixed deposit initially for a period of three years and thereafter it shall be renewed from time to time till final disposal of the First Appeal. No any premature withdrawal or advance or loan shall be permitted over the Fixed Deposit Receipt. The Fixed Deposit Receipt shall be kept with the Nazir of the Court.

5. With this, the present application stands disposed of. Rule is made absolute to the aforesaid extent.

(UMESH A. TRIVEDI, J) TUVAR