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FA/286920/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 2869 of 2010
To
FIRST
APPEAL No. 2888 of 2010
With
FIRST
APPEAL No. 4562 of 2009
To
FIRST
APPEAL No. 4576 of 2009
With
FIRST
APPEAL No. 1687 of 2010
To
FIRST
APPEAL No. 1705 of 2010
With
FIRST
APPEAL No. 808 of 2010
To
FIRST
APPEAL No. 826 of 2010
=========================================================
STATE
OF GUJARAT & 1 - Appellant(s)
Versus
KARIMKHAN
SAIKHAN - Defendant(s)
=========================================================
Appearance
:
MS.
THAKKAR, AGP for
Appellant(s) : 1 - 2.
MR MD VAKIL for Defendant(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MS.JUSTICE B.M.TRIVEDI
Date
: 24/02/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
1. In
all matters, the learned A.G.P. is not in a position to declare as to
whether the amount has been deposited or not, whereas, Ms. Ajmera,
learned counsel appearing for some of the original claimants states
that in some matters, the amount is stated to have been deposited,
whereas, in some matters, the amount has not been deposited as
ordered by the Reference Court. It was also submitted by Mr. Vakil on
the last occasion that since no amount was disbursed to the original
claimants, the cross appeals which were filed for enhancement of the
compensation have been dismissed on account of non-payment of the
court-fees
2. In
view of the aforesaid circumstances, we direct that the appellant
shall deposit the entire awarded amount together with the cost and
interest with the Reference Court as ordered by the Reference Court,
if the amount has not been deposited.
3. The
aforesaid order shall be complied with within four weeks from today.
It is also observed that out of the amount which has been deposited,
50% of the amount shall be permitted to be withdrawn by the
respondent – claimant and the remaining 50% of the amount shall
be invested by the Reference Court in the Fixed Deposit Receipts,
initially for a period of three years, and the investment shall be
renewed from time to time until the appeals are finally disposed of.
The original Fixed Deposit Receipts shall be retained by the Nazir
of the Reference Court.
4. Mr.
Vakil as well as Ms. Ajmera and the learned A.G.P. Ms. Thakkar shall
supply the number of the left out matters of the present groups and
they shall also supply the number of cross appeals or cross
objections, if they have been dismissed on account of non-payment of
the court-fees. All matters shall be listed on 31st March
2011 for final disposal.
(JAYANT
PATEL, J.)
(MS.
B.M.TRIVEDI, J.)
jani
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