General Manager Oil And Natural ... vs Chavda Hanshaba Amarsinh
2021 Latest Caselaw 15503 Guj

     C/FA/2617/2021                               ORDER DATED: 04/10/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                      R/FIRST APPEAL NO. 2617 of 2021

                                 With
              CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                   In R/FIRST APPEAL NO. 2617 of 2021
==========================================================
   GENERAL MANAGER OIL AND NATURAL GAS CORPORATION LTD
                          Versus
               CHAVDA HANSHABA AMARSINH
==========================================================
Appearance:
MR AJAY R MEHTA(453) for the Appellant(s) No. 1
for the Defendant(s) No. 4
MR RUDRA V TRIVEDI(10703) for the Defendant(s) No. 1,2,3
MS.SHIVANI V TRIVEDI(7225) for the Defendant(s) No. 1,2,3
==========================================================

 CORAM:HONOURABLE MR. JUSTICE J.B.PARDIWALA
       and
       HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                              Date : 04/10/2021

                               ORAL ORDER

(PER : HONOURABLE MR. JUSTICE J.B.PARDIWALA)

Order in First Appeal

Heard Mr. Ajay R. Mehta, the learned counsel appearing for the appellant (Original Opponent No.2) and Ms. Shivani Trivedi, the learned counsel appearing for the defendants Nos.1 to 3 (Original Applicants).

Admit.

Order in Civil Application

We are informed by Mr. Mehta, the learned counsel,

C/FA/2617/2021 ORDER DATED: 04/10/2021

that the entire amount awarded by the Land Reference Court with costs and interest has been deposited.

Heard Mr. Ajay R. Mehta, the learned counsel appearing for the appellant (Original Opponent No.2) and Ms. Shivani Trivedi, the learned counsel appearing for the defendants Nos.1 to 3 (Original Applicants).

This is an application at the instance of the original opponent No.2, seeking stay of the judgment and award passed by the Ld. Addl. Senior Civil Judge, Gandhinagar at Kalol in the Land Acquisition Reference No.565 of 2012.

Considering the facts of the case, the Trial Court shall invest 50% of the awarded amount in a cumulative Fixed Deposit Receipts in any Nationalized Bank initially for a period of 03 years and renewable from time to time for similar period till final disposal of the appeal and 50% of the awarded amount shall be disbursed in favour of the original claimants upon proper verification within a period of eight weeks. The original FDRs to be retained by the Trial Court. The Civil Application stands disposed of accordingly.

(J. B. PARDIWALA, J)

(VAIBHAVI D. NANAVATI,J) Vahid