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CA/12754/2010 2/ 2 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 12754 of 2010
In
FIRST
APPEAL No. 3212 of 2010
For
Approval and Signature:
HONOURABLE
MR.JUSTICE M.R. SHAH
=========================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=========================================
VIDEOCON
NARMADA ELECTRONICS CO LTD - Petitioner(s)
Versus
SPECIAL
LAND ACQUISITION OFFICER & 2 - Respondent(s)
=========================================
Appearance
:
MR PT
CHACKO for
Petitioner(s) : 1, MR RD KINARIWALA for Petitioner(s) : 1,
MR
NEERAJ SONI, ASSTT. GOVERNMENT PLEADER for Respondent(s) : 1 -
3,3.2.2
None for Respondent(s) :
3,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 24/01/2011
ORAL
JUDGMENT
1. Present
application has been preferred by the applicant – original
appellant – acquiring body – Videocon Narmada Electronics
Limited for the interim relief to stay further execution,
implementation and operation of the judgment and award passed by the
learned Additional District Judge, Bharuch in Land Reference Case
No.401/1999 till the final disposal of the main Appeal.
2. Though
served, nobody appears on behalf of respondent No.3/1 and to 3/2 –
original claimants. Shri Neeraj Soni, learned Assistant Government
Pleader has appeared on behalf of respondent Nos.1 and 2.
3. Having
heard Shri Kinariwala, learned advocate appearing on behalf of the
applicant – original opponent and Shri Neeraj Soni, learned AGP
appearing on behalf of respondent Nos.1 and 2 and considering the
fact that main First Appeal is admitted, in the facts and
circumstances of the case, ad-interim relief in terms of paragraph
4(B) on condition that the applicant – original appellant shall
deposit the entire amount as awarded by the Reference Court within a
period of eight weeks from today. On such deposit, claimant shall be
entitled to withdraw 25% of the amount without furnishing security
and further 25% of the amount so awarded on furnishing security to
the satisfaction of the Reference Court. Reference Court is directed
to invest balance 50% of the amount together with interest and cost
in fixed deposit in the name of Nazir initially for a period of five
years with cumulative interest and continue to renew the same from
time to time as and when matured. The fixed deposit shall be kept
with the Registry. Rule is made absolute to the aforesaid extent.
No costs.
(M.R.
Shah, J.)
*menon
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