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CA/14153/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 14153 of 2010
In
SECOND
APPEAL No. 242 of 2010
=========================================================
GUJARAT
WATER RESOURCES DEVELOPERS CORPORATION LTD - Petitioner(s)
Versus
VASUDEV
MULSHANKAR JOSHI - Respondent(s)
=========================================================
Appearance
:
R
C JANI & ASSOCIATE for
Petitioner(s) : 1,
MR. S.P. MAJMUDAR for the
opponent
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 14/03/2011
ORAL
ORDER
Rule.
Learned advocate Mr. Majmudar waives service of notice for the
opponent.
With
the consent of the parties, this application is taken up for final
hearing.
Heard
learned advocates for the parties at length and in great detail.
The
applicant has sought stay of the judgement and order passed by the
trial Court and confirmed by the first appellate Court. It appears
that termination order of the applicant was set aside and the
opponent was found to be entitled for wages and other benefits as an
employee from 2.2.1985. It is not in dispute that the opponent has
reached the age of superannuation and is no longer in service of the
applicant. Therefore, there is no question of stay of the orders
passed by the Court below with regard to his employment. However, in
view of the fact that money decree is passed in favour of the
opponent with regard to wages and other benefits from 2.2.1985, the
decree being money decree, it cannot be stayed. Therefore, the
applicant is directed to deposit the decretal amount in the trial
Court within a period of four weeks from today and the opponent is at
liberty to withdraw the same on giving an undertaking before the
Court that he shall refund the same to the applicant in case the
applicant succeeds in Second Appeal No. 242 of 2010.
With
the above directions, the Civil Application stands disposed of. Rule
made absolute to the aforesaid extent.
(BANKIM N. MEHTA, J)
(pkn)
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