Gujarat High Court Case Information System
Print
CA/8649/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 8649 of 2010
In
FIRST
APPEAL No. 2188 of 2010
=========================================================
MANAGER
- Petitioner(s)
Versus
SMITABEN
ASHWINBHAI PATEL & 7 - Respondent(s)
=========================================================
Appearance
:
MS
LILU K BHAYA for
Petitioner(s) : 1,
RULE NOT RECD BACK for Respondent(s) : 1 - 2,4
- 5.
MS AMRITA AJMERA for Respondent(s) : 1 - 5.
MR TEJAS M
BAROT for Respondent(s) : 6,
RULE UNSERVED for Respondent(s) :
7,
RULE SERVED for Respondent(s) :
8,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE G.B.SHAH
Date
: 13/04/2011
ORAL ORDER
(Per : HONOURABLE MR.JUSTICE
JAYANT PATEL)
The present
application is for interim injunction pending the First Appeal
against the execution and implementation of the judgment and award
passed by the Tribunal.
This Court, on
12.8.2010 passed the following order:
“Rule
returnable on 13.09.2010. By ad interim
order, there shall be stay against the execution and implementation
of the award on the condition that the applicant-appellant deposits
the entire awarded amount with costs and interest with the Tribunal
qua its own liability before the returnable date.”
Ms. Hingorani for Ms.
Lilu Bhaya, learned counsel for the applicant states that the amount
has been deposited. Ms. Amrita Ajmera learned counsel appears for
the original claimants. Presence of other parties to the proceedings
would not be required at this stage. Under the circumstances, the
ad-interim relief granted earlier is confirmed.
We have heard the
learned counsel for the applicant as well as for the original
claimants on the aspect of withdrawal.
Considering the facts
and circumstances, out of the amount which has been deposited, the
original claimants shall be permitted to withdraw 20% of the amount
and remaining 80% of the amount shall be invested by the Tribunal in
a Fixed Deposit Receipt, initially for a period of three years and
such investment shall be renewed from time to time until the First
appeal is finally disposed of but the original claimants shall be
entitled to periodical interest as and when it becomes due. The
Fixed Deposit Receipt shall be retained by Nazir of the Tribunal.
The application is
disposed of accordingly. Rule made absolute.
[JAYANT PATEL, J.]
[G.B. SHAH, J.]
pirzada/-
Top