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CA/7468/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No. 7468 of 2010
In
FIRST APPEAL No. 1907 of 2010
To
CIVIL
APPLICATION - FOR CONDONATION OF DELAY No. 7470 of 2010
In
FIRST APPEAL No. 1909 of 2010
=========================================================
GUJARAT
MINERAL DEVELOPMENT CORPORATION - Petitioner(s)
Versus
DIVAN
HIMAT VASAVA & 2 - Respondent(s)
=========================================================
Appearance
:
MR
KM PATEL, SR. ADVOCATE WITH MR VARUN K.PATEL
for
Petitioner(s) : 1
MR KM SHETH for Respondent(s) : 1 - 2.
MR
MAULIK G NANAVATI, AGP for Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 07/09/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
Rule.
Mr. K.M. Sheth appears and waives service of Rule for the original
claimants in the respective applications and Mr. Maulik Nanavati,
learned AGP waives service of Rule for respondent no.3.
The
present application is for interim injunction pending the First
Appeal.
Considering
the facts and circumstances, there shall be interim stay against the
execution and implementation of the judgment and the award passed by
the Reference Court which is challenged in the respective First
Appeals on condition that the applicant deposits the entire awarded
amount with interest and cost on or before 4th October,
2010.
We
have also heard the learned counsel of both the sides for permitting
withdrawal.
Considering
the facts and circumstances, out of the amount which may be deposited
by the appellant- applicant, the original claimants shall be
permitted withdrawal of 50% amount and the remaining 50% amount shall
be invested with nationalized bank initially for a period of one
year but encashable at any time and investment shall continue until
final disposal of the Appeals. The applications are disposed of
accordingly. Rule is made absolute.
[JAYANT
PATEL, J.]
[H.B.
ANTANI, J.]
pirzada/-
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