State Of Gujarat vs Shakanbhai Motibhai Khant
2021 Latest Caselaw 17374 Guj

     C/FA/1778/2021                              IA ORDER DATED: 17/11/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


                CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
                     In R/FIRST APPEAL NO. 1778 of 2021
==========================================================

STATE OF GUJARAT Versus SHAKANBHAI MOTIBHAI KHANT ========================================================== Appearance:

MR MANRAJ BAROT AGP for the PETITIONER(s) No. MR VIJAY N RAVAL for the RESPONDENT(s) No. ==========================================================

CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

Date : 17/11/2021

IA ORDER

1. Heard Mr. Manraj Barot, learned AGP for the applicant State and Mr. Vijay N. Raval, learned advocate for the respondent.

2. Mr. Barot, learned AGP for the applicant submits that the applicant has deposited the entire awarded amount of compensation along with interest and costs in the Trial Court in compliance of the order of this Court. He, therefore, urges that the stay granted earlier may be confirmed till the final disposal of the appeal.

3. Mr. Raval, learned advocate also confirms that the amount of compensation is deposited in the Trial Court in compliance of the order of this Court and he urges that he has no objection if the stay granted earlier may be confirmed till disposal of the appeal. He, further submits

C/FA/1778/2021 IA ORDER DATED: 17/11/2021

that usual order of disbursement may be passed.

4. In view of above, the Trial Court is directed to disburse 50% of the deposited amount in favour of the respondent - original claimant upon proper verification and remaining 50% of the deposited amount shall be invested in cumulative FDR in any nationalized bank initially for a period of five years and thereafter renewed the same periodically till final disposal of the appeal. It is clarified that the claimant shall not be allowed any premature encashment of the Fixed Deposit Receipts nor shall be permitted to create encumbrance of any nature on the Fixed Deposit Receipts. The receipts to be kept in the custody of Nazir of the concerned Trial Court.

5. Accordingly, the stay granted earlier of the impugned judgment and award is confirmed till the final disposal of the appeal.

6. The civil application stands disposed of. Rule is made absolute.

(A.G.URAIZEE, J) SURESH SOLANKI