Gujarat State Road Transport ... vs Savitaben Nagjibhai Vinjvadiya
2021 Latest Caselaw 16919 Guj

    C/FA/1832/2021                           IA ORDER DATED: 27/10/2021



          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
       CIVIL APPLICATION (FOR INTERIM RELIEF) NO. 1 of 2021
                                In
                  R/FIRST APPEAL NO. 1832 of 2021
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GUJARAT STATE ROAD TRANSPORT CORPORATION Versus SAVITABEN NAGJIBHAI VINJVADIYA =============================================================== Appearance:

for the PETITIONER(s) No. MR HS MUNSHAW for the PETITIONER(s) No. NISHIT A BHALODI for the RESPONDENT(s) No. RULE UNSERVED for the RESPONDENT(s) No. ================================================================ CORAM:HONOURABLE MR. JUSTICE A.G.URAIZEE Date : 27/10/2021 IA ORDER

1. Heard learned advocate for the applicant and learned advocate for the claimant.

2. Respondent No.3 is unserved. However, his presence is not necessary for the disposal of this application.

3. Learned advocate for the applicant submits that the amount of compensation with interest and proportionate costs is deposited in the tribunal. He, therefore, submits that the stay of implementation, execution and operation of the impugned judgment granted earlier may be confirmed till disposal of the appeal.

4. Learned advocate for the claimant urges 30% of the deposited amount may be disbursed in favour of the claimant and 70% of the deposited amount may be invested in non cumulative fixed deposit and periodical interest may be allowed to the claimants considering the issue of negligence involved in the appeal.

5. Having heard learned advocates for the respective parties and having considered the facts and circumstances of the case, the Tribunal is directed to disburse 30% of the

C/FA/1832/2021 IA ORDER DATED: 27/10/2021

deposited amount in favour of the claimants and invest remaining 70% of the amount in non cumulative fixed deposit receipt in any nationalized bank to be kept in custody of Nazir, initially for a period of three years, and thereafter, renew the same periodically till disposal of the First Appeal. The periodical interest accrued on the fixed deposit is ordered to be released in favour of the claimants.

6. The stay of operation, implementation and execution of the impugned judgment and order granted earlier is confirmed till disposal of the appeal.

7. With the aforesaid directions, the application stands disposed of. Rule is made absolute.

(A.G.URAIZEE, J)

Manoj