Manbai Hirji Buchiya vs Shankerlal Panchabhai Buchiya
2023 Latest Caselaw 6500 Guj

                                                                                           NEUTRAL CITATION




    C/SCA/14423/2023                                      ORDER DATED: 05/09/2023

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           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

            R/SPECIAL CIVIL APPLICATION NO. 14423 of 2023

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                            MANBAI HIRJI BUCHIYA
                                   Versus
                       SHANKERLAL PANCHABHAI BUCHIYA
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Appearance:
MR. HEMAL SHAH(6960) for the Petitioner(s) No. 1,2,3,4,5,6
for the Respondent(s) No. 1,2
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 CORAM:HONOURABLE MS. JUSTICE GITA GOPI

                                Date : 05/09/2023

                                 ORAL ORDER

[1] Advocate Mr. Hemal Shah for the applicants

states that when MACP no.95/2000 was filed,

the applicant no.3 was only six months old and

the MACP was decided on 9.7.2018 which came to

be challenged in First Appeal no.663/2019 and

the judgment was delivered by the Division

Bench on 27.10.2021 and additional

compensation amount came to be granted. In

view of disposal of the appeal, the prayer

made for disbursement/withdrawal of amount, as

did not survive, came to be disposed of. Mr.

Shah submits that now the applicant no.3 is

NEUTRAL CITATION

C/SCA/14423/2023 ORDER DATED: 05/09/2023

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aged about 23 years and for last 23 years, has

not received the fruits of litigation and now

he has attained majority and for his own

development and progress, certain amount is

required to be disbursed and therefore, MACMA

no.223/2022 was filed before the MACT (Aux),

Bhuj and was decided on 31.3.2022 and by an

order, the amount has been granted with a

direction that the amount should be deposited

in the bank account of the applicant no.3

after verifying the fact of attaining

majority. Mr. Shah submits that though the

order permits the applicant no.3 to receive

the amount as being major, the bank could not

grant the money as there is no specific order

to that effect in the payment order though the

Tribunal has granted the amount to the

applicant no.3 on attaining the majority.

[2] In view of the fact that now the applicant

no.3 is aged about 23 years, let 30% of the

amount from the FDR be paid to the applicant

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C/SCA/14423/2023 ORDER DATED: 05/09/2023

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no.3 after proper verification and rest of 70%

of the amount be invested in a Fixed Deposit

with any nationalized Bank for a period of 3

years. Periodic interest on such Fixed Deposit

shall be paid to the applicant no.3. After 3

years, the FDR amount be paid to the applicant

no.3 without reference to this Court.

[3] Accordingly, the present petition stands

disposed of.

(GITA GOPI,J) Maulik