CA/3030/2008 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL APPLICATION No. 3030 of 2008 In FIRST APPEAL No. 5296 of 2007 ========================================================= UNION OF INDIA - Petitioner(s) Versus RAFIQBHAI YUSUFBHAI RANIWALA - Respondent(s) ========================================================= Appearance : MS AVANI S MEHTA for Petitioner(s) : 1, MR MAHESH B SHAH for Respondent(s) : 1, ========================================================= CORAM : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT Date : 23/06/2008 ORAL ORDER
1. Heard
learned counsel for the parties.
2. Mr.
Mahesh Shah, learned advocate appearing for the opponent submits that
non production of the original ticket in itself cannot be weighed
against the claimant as the ex-gratia amount is also paid to him as
his name did figure in the list of grievously hurt passengers. He
submits that the entire amount be ordered to be deposited and the
claimant be permitted to withdraw the same.
3. However,
in the alternative, Mr Shah submits that atleast an amount of Rs. 1
lakh out of the total Rs. 2 lakhs be permitted to be withdrawn and
the remaining amount of Rs. 1 lakh be ordered to be deposited in a
Nationalised Bank on Fixed Term Deposit and that interest there on be
passed on to the claimant.
4. As
a result of hearing and perusal of the documents, the application
deserves to be allowed. Accordingly, Civil Application is allowed.
Interim relief in terms of para 5(b) is granted on condition that the
applicant shall deposit the entire amount of Rs. 2 lakhs within a
period of two weeks from today. On such amount being deposited, Rs.
1 lakh be permitted to be withdrawn by the opponent-claimant and rest
of the amount of Rs. 1 lakh be deposited with a Nationalised Bank
initially for a period of two years and on maturity shall be renewed
by one year at a time without any further orders in this regard till
the disposal of the appeal. Rule is made absolute to the aforesaid
extent.
(S.R.BRAHMBHATT,
J.)
Divya//