General Manager Oil And Natural ... vs Motiba Wd/O Parshottamdas ...
2021 Latest Caselaw 17185 Guj

     C/FA/1451/2021                              IA ORDER DATED: 15/11/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


                CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                     In R/FIRST APPEAL NO. 1451 of 2021
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GENERAL MANAGER OIL AND NATURAL GAS CORPORATION LIMITED Versus MOTIBA WD/O PARSHOTTAMDAS JOITARAM PATEL (EXPIRED) ========================================================== Appearance:

for the PETITIONER(s) No. MS NIYATI VAISHNAV FOR MR AJAY R MEHTA for the PETITIONER(s) No. DECEASED LITIGANT for the RESPONDENT(s) No. RULE SERVED for the RESPONDENT(s) No. MR MANRAJ BAROT for the RESPONDENT(s) No.2 ==========================================================

CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

Date : 15/11/2021

IA ORDER

1. Heard Ms. Niyati Vaishnav, learned advocate for Mr. Ajay Mehta, learned advocate for the applicant and Mr. Manraj Barot, learned AGP for the respondent No.2.

2. Following order was passed on 28.10.2021.

"Learned advocate Mr. Monark Pandaya on behalf of the learned advocate Mr. Pinank Raiyani submits that learned advocate Mr. Pinank Raiyani appearing for the respondent, however, in the cause-list his name was not reflected. Therefore, he requests for time.

Aforesaid request is not objected by learned advocate Mr. Ajay Mehta for the applicant.

Hence, stand over to 15.11.2021. Registry is directed to show the name of

C/FA/1451/2021 IA ORDER DATED: 15/11/2021

learned advocate Mr. Pinank Raiyani for the respondent, if he has filed his vakalatnama in the first appeal."

3. The office submission dated 11.11.2021, however, reveals that Mr. Pinank Raiyani, learned advocate has not filed any appearance on behalf of the respondent No.1 till 11.11.2021.

4. Ms. Vaishnav, learned advocate for the applicant submits that the awarded amount of compensation along with interest and proportionate costs is deposited in the Reference Court in compliance of the order dated 15.6.2021 of this Court. She, therefore, urges that the stay granted earlier may be confirmed till disposal of the appeal.

3. Having heard the learned advocate for the applicant and learned AGP for the respondent No.2 and considering the fact that there is no appearance on behalf of the respondent No.1, the stay granted earlier of the impugned judgment and awarded is confirmed till the final disposal of the appeal with liberty in favour of the claimants to move an appropriate application for disbursement of amount. The Reference Court is directed to invest the amount deposited by the insurance company in cumulative Fixed Deposit Receipts in any Nationalized Bank for a period of three years.

C/FA/1451/2021 IA ORDER DATED: 15/11/2021

5. With the aforesaid directions, present Civil Application stands disposed of. Rule is made absolute.

(A.G.URAIZEE, J) SURESH SOLANKI