Suryakantbhai Manilal Patel vs Lh Of Decd Janakbhai Kashiram ...
2021 Latest Caselaw 16089 Guj

     C/FA/239/2020                              IA ORDER DATED: 12/10/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


               CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                     In R/FIRST APPEAL NO. 239 of 2020
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SURYAKANTBHAI MANILAL PATEL Versus LH OF DECD JANAKBHAI KASHIRAM PANDYA ========================================================== Appearance:

MS VIDITA D JAYSWAL for the PETITIONER(s) No. for the RESPONDENT(s) No. BHAVIN B THAKAR for the RESPONDENT(s) No. MR DAKSHESH MEHTA for the RESPONDENT(s) No. MR. RUSHANG D MEHTA for the RESPONDENT(s) No. RULE SERVED for the RESPONDENT(s) No. ==========================================================

CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

Date : 12/10/2021 IA ORDER

1. Heard learned advocates for the respective parties.

2. Ms.V.D. Jayswal, learned advocate for the applicant submits that the applicant has deposited the amount in compliance of the order of this Court. She therefore, urges that the stay granted earlier may be confirmed.

3. Learned advocate for the claimants confirms that amount of compensation awarded by the learned Tribunal is deposited in the Tribunal. He further submits that according to his calculation, there is some shortfall in the amount deposited by the applicant. However, he submits that this issue will try to sort out with the learned advocate for the applicant. He urges

C/FA/239/2020 IA ORDER DATED: 12/10/2021

that 30% amount maybe disbursed in favour of the claimants and remaining 70% amount of compensation may be invested in non-cumulative fixed deposit receipt in any nationalized bank.

4. Having heard the learned advocates for the respective parties and having considered the facts and circumstances of the case, the learned Tribunal shall disburse 30% of the deposited amount to the claimants and remaining 70% of the deposited amount shall be invested in non-cumulative FDR in any nationalized bank initially for a period of five years and thereafter renew the same periodically till final disposal of the appeal and the receipt to be kept in the custody of Nazir. Periodical interest accrued on FD be released in favour of claimants.

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

(A.G.URAIZEE, J) ALI