CA/2757/2008 3/ 3 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL APPLICATION - FOR STAY No. 2757 of 2008 In SECOND APPEAL No. 40 of 2008 With CIVIL APPLICATION No. 5154 of 2011 In SECOND APPEAL No. 40 of 2008 ========================================= O N G C Versus PATEL RAMBHAI RANCHHODDAS ========================================= Appearance : MR AJAY R MEHTA for Applicant RULE SERVED for Respondent ========================================= CORAM : HONOURABLE MS.JUSTICE BELA TRIVEDI Date : 17/06/2011 ORAL ORDER
Heard learned advocates
for the parties.
It appears that Civil
Application No.2757 of 2008 was moved by the applicant –
O.N.G.C. seeking stay of execution and implementation of the
judgment and decree dated 1st August, 2007 passed by the
learned Additional District and Fast Track Judge, Mehsana in Regular
Civil Appeal No.83 of 2006 pending the Second Appeal. In the said
Civil Application, the Court vide order dated 7th July,
2008 while issuing the rule, had directed the applicant –
O.N.G.C to the deposit decreetal amount before this Court. It
appears that the applicant instead of depositing the said amount
before this Court, had erroneously deposited the amount with the
Lower Court and, therefore, the Court vide order dated 27th
August, 2008 had directed the Registry to intimate the concerned
Lower Court to remit the entire amount to the Registry of this Court
by cheque. It appears that accordingly an amount of Rs.1,50,557=00
appears to have been remitted and deposited before this Court.
However, thereafter, no order appears to have been passed in the
said Civil Application for disposal of the same, though the Second
Appeal has already been admitted. Since the decreetal amount has
been deposited by the applicant, the interim relief in terms of
paragraph No.9(i) of the Civil Application No.2757 of 2008 is
granted. The Civil Application No.2757 of 2008 stands disposed of
accordingly.
So far as
Civil Application No.5154 of 2011 is concerned, the heirs of the
original respondent, applicants herein have moved this application
for withdrawal of the said amount deposited by the O.N.G.C.,
respondent herein. Having regard to the facts and circumstances of
the case, 50% of the amount deposited by the O.N.G.C. is permitted
to be withdrawn by issuing cheque in the name of Madhuben widow of
Ramabhai Ranchhoddas Patel on her filing an undertaking before this
Court that in case O.N.G.C., respondent herein succeeds in the
Second Appeal, the said amount shall be paid to the O.N.G.C. with
interest at the rate of 6% p.a. The balance amount be invested in
Fixed Deposit in any Nationalized Bank for a period of 5 years in
the name of Registrar (Judicial), High Court of Gujarat. This Civil
Application stands disposed of.
[
BELA TRIVEDI, J. ]
vijay