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FA/2116/2004 4/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 2116 of 2004
To
FIRST
APPEAL No. 2121 of 2004
With
CIVIL
APPLICATION No. 7265 of 2004
In
FIRST APPEAL No. 2116 of 2004
To
CIVIL
APPLICATION No. 7270 of 2004
In
FIRST APPEAL No. 2121 of 2004
=========================================================
GOVERNMENT
OF INDIA THRO' DIRECTOR GENERAL OF SECURITY - Appellant(s)
Versus
SARLABEN
LALITCHANDRA @ LALIT-BHAI CHOLERA & 3 - Defendant(s)
=========================================================
Appearance
:
(MR
ANANT S DAVE) for
Appellant(s) : 1,
None for Defendant(s) : 1, 1.2.1, 1.2.2,1.2.3 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 01/08/2008
ORAL
ORDER
In
First Appeal No. 2116 of 2004 arising from MACP No. 118 of 1995, the
appellant Government of India through Director General of Security
Jamnagar has challenged the impugned award wherein the claims
tribunal at Jamnagar has awarded compensation of Rs.2,58,000.00 in
favour of the claimants.
Initially,
in this group of appeals, learned Advocate Shri Anant S. Dave was
appearing as Standing Counsel who has been elevated as a Judge in
the Bench of this Court and, thereafter, notices were issued to the
appellant by this Court informing the appellant that the Standing
Counsel appearing for them has been elevated as a Judge to the Bench
of this Court and, therefore, they shall have to remain personally
present or to engage another advocate to appear on their behalf.
Cause list indicates that the notices issued by this court to the
appellant have not been received back but no steps have been taken
either by the Registry or any other responsible person. The
appellant is the Government of India through Director General of
Security and though sufficient time has gone, yet the notices have
not been received back.
In
First Appeal No. 2117/04 to First appeal No. 2121 of 2004, arising
from MACP No. 364/95; 67/95; 66/95; 65/95 and 241/95, the appellant
is challenging the award of small and petty amounts of Rs.19,800/-;
Rs.15000/-; Rs.2500/-; Rs.3000/- and Rs.11000/- respectively.
Therefore,
considering two facts, one is that these are the matters of 2004
wherein notices issued by this court to the appellant have not been
received back and in five appeals, amount involved is small, award
of petty amount has been challenged by the appellant, therefore,
according to my opinion, since the appellant is challenging award of
petty amount in First Appeal No. 2117 of 2004 to 2121 of 2004, those
appeals are required to be disposed of by this court without
expressing any opinion on merits of the appeals and in First Appeal
No. 2116 of 2004, since the appellant is challenging the award of
Rs.2,58,000.00, since the notices issued by this court have yet not
been received back, fresh notices are required tobe issued to the
appellant.
Therefore,
in First Appeal No. 2116 of 2004 arising out of the award in MACP
No. 118 of 1995, and Civil Application No. 7265 of 2004 filed in the
said appeal, issue fresh notice to the appellant Government of India
through Director General of Security, c/o. SSB (Sp. Security
Bureau) PB NO. 18, Jamnagar returnable on1st September, 2008.
First
Appeal No. 2117 of 2004 to 2121 of 2004 are disposed of without
expressing any opinion on merits as the amount involved therein is
small and petty amount.
In
appeals which have been disposed of by this court considering the
involvement of petty amount, appellant is directed to deposit the
said amounts as awarded by the claims tribunal if it has not been
deposited by the appellant so far before the claims tribunal
concerned with interest and costs within one month from the date of
receipt of copy of this order. After the amounts are realized by the
claims tribunal from the appellant in the aforesaid appeals
dismissed by this court, it is directed to the claims tribunal to
make payment of the amount to the respective respondents claimants
by way of an account payee cheque without any delay.
In
FA No. 2116/04 to 2121/04 with CA NO. 7265 to 7270 of 2004,
following order was passed by this Court on 10.9.2004:
?S
ORDER
ON APPEAL :
Admit.
ORDER ON CIVIL APPLICATION :
Rule. Subject to deposit of the award amount
with the Claims Tribunal concerned within two months, the
award shall remain stayed. The amount deposited in the
Registry of this Court under section 173 of the Motor
Vehicles Act, 1988 be transmitted to the MAC Tribunal
concerned which will invest both the amounts in FDRs with
the Nationalized Bank for a period of three years in the
first instance extendable in case the appeal is not heard
within
this period.??
Therefore,
in First Appeal No. 2116 of 2004, claims tribunal is directed to pay
30 per cent of the amount to the respondent claimant by account
payee cheque and remaining 70 per cent amount is ordered to be
invested in any nationalized bank initially for a period of five
years with cumulative interest with periodical renewal in the name
of the respondent claimant and the FDRs shall remain in the custody
of the Nazir of the claims tribunal concerned and the respondent
claimants will not be entitled to any amount of interest accruing on
those FDRs till the first appeal no. 2116 of 2004 is decided by this
court finally.
Rest
of the Civil Applications No. 7266 to 7270 of 2004 in First Appeal
No. 2117 to 2121 of 2004 are disposed of in view of the orders
passed by this Court in those main matters.
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