Gujarat State Road Transport ... vs Hinaben Milanbhai Dhanesha
2021 Latest Caselaw 16500 Guj

     C/FA/2807/2021                           ORDER DATED: 21/10/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                     R/FIRST APPEAL NO. 2807 of 2021
                                      With
               CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                    In R/FIRST APPEAL NO. 2807 of 2021
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             GUJARAT STATE ROAD TRANSPORT CORPORATION
                                     Versus
                      HINABEN MILANBHAI DHANESHA
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Appearance:
MS VYOMA K JHAVERI(6386) for the Appellant(s) No. 1
NISHIT A BHALODI(9597) for the Defendant(s) No. 1,2,3,4
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   CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE

                          Date : 21/10/2021
                           ORAL ORDER

ORDER IN FIRST APPEAL Heard learned advocates for the respective parties.

Admit.

Mr.Nishit Bhalodi, learned advocate waives service of notice of admission for respondent Nos.1 to 4.

ORDER IN CIVIL APPLICATION Heard learned advocates for the respective parties.

Rule returnable forthwith.

Mr.Nishit Bhalodi, learned advocate waives service of notice of Rule for respondent Nos.1 to 4.

This is an application for stay of the impugned judgment and award during the pendency of the appeal.

C/FA/2807/2021 ORDER DATED: 21/10/2021

Mr.Bhalodi, learned advocate for the claimants submits that the applicant-Corporation has deposited the amount of compensation with interest and proportionate costs in the Tribunal. He, therefore, submits that the execution and implementation of the impugned judgment and award may be stayed subject to usual disbursement order.

Ms.Jhaveri, learned advocate for the applicant submits that usual disbursement order may be passed and the 70% compensation amount may be invested in cumulative FDR.

Considering the issue involved in the appeal, the implementation, operation and execution of the impugned judgment and award is stayed till the final disposal of the appeal. 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.

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

(A.G.URAIZEE, J) ALI