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FA/5144/2007 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 5144 of 2007
With
FIRST
APPEAL No. 1223 of 2008
To
FIRST
APPEAL No. 1317 of 2008
With
CROSS
OBJECTION No. 18 of 2008
In
FIRST APPEAL No. 5144 of 2007
With
CIVIL
APPLICATION No. 14254 of 2007
In
FIRST APPEAL No. 5144 of 2007
With
CIVIL
APPLICATION No. 3303 of 2008
In
FIRST APPEAL No. 1225 of 2008
To
CIVIL
APPLICATION No. 3354 of 2008
In
FIRST APPEAL No. 1281 of 2008
With
CIVIL
APPLICATION No. 3364 of 2008
In
FIRST APPEAL No. 1288 of 2008
To
CIVIL
APPLICATION No. 3393 of 2008
In
FIRST APPEAL No. 1317 of 2008
=========================================================
UNION
OF INDIA - Appellant(s)
Versus
NARAYANBHIA
TALSHIBHAI & 3 - Defendant(s)
=========================================================
Appearance
:
MR
NS SHEVADE for
Appellant(s) : 1,
MS AMRITA AJMERA for Defendant(s) : 1, 1.2.1,
1.2.2, 1.2.3,1.2.4 - 3.
MS TRISHA PATEL, AGP for Defendant(s) :
4,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 14/07/2008
ORAL
ORDER
ORDER
IN FIRST APPEAL NO. 5144/07 WITH FIRST APPEAL NOS. 1223 TO 1317 OF
2008.
Admit
subject to maintainability of the first appeals since the executing
court is the Senior Civil Judge and the appeal is not under the Land
Acquisition Act.
(K.S.
JHAVERI, J.)
ORDER
IN X-OBJ 18 OF 2008.
ADMIT.
(K.S.
JHAVERI, J.)
ORDER
IN CIVIL APPLICATIONS
1. Ms.
Amrita Ajmera, learned advocate appears for all the claimants and
therefore Mr. Shevde makes a statement that all the Civil
Applications be heard on merits.
2. Rule.
Ms. Amrita Ajmera, learned advocate appearing for the claimants and
Ms. Trisha Patel, learned AGP appearing for State of Gujarat waive
service of rule for respective parties. With the consent of the
parties, matter is taken up for hearing.
3. Heard
the learned advocates for the respective parties at length. The
prayer for restraining the original claimants from encashing the bank
guarantee cannot be entertained in view of the fact that this court
while deciding the First Appeal has not continued the bank guarantee
nor has directed to encash the same. In that view of the matter, in
the interest of both the sides and to avoid any further complication,
the trial court is directed to encash the bank guarantee and pay the
present applicant-Railway authority the amount as calculated by the
Nazir of the trial court and the balance amount shall be paid to the
respective claimants. Some of the claimants have not withdrawn the
amounts since they were not in a position to give bank guarantee.
Such claimants will be allowed to withdraw the decretal amount as per
this court’s judgement and as directed by the executing court.
4. With
this direction, Civil Applications stand disposed of. Rule is made
absolute to the aforesaid extent.
(K.S.
JHAVERI, J.)
Divya//
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