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CA/7161/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 7161 of 2011
=========================================================
SPECIAL
LAND ACQUISITION OFFICER & 2 - Petitioner(s)
Versus
SOMABHAI
KHUSHABHAI - Respondent(s)
=========================================================
Appearance
:
MS MOXA
THAKKAR, AGP for
Applicant(s) : 1 - 3.
MR KM SHETH for opponent (s)
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE R.M.CHHAYA
Date
: 04/07/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
The
present application is filed for interim injunction pending First
Appeal against the judgement and award passed by the learned
Reference Court which is impugned in the First Appeal.
Considering
the facts and circumstances, there shall be interim injunction
against the execution and implementation of the judgement and award
passed by the learned Reference Court on the condition that the
applicant deposits the entire awarded amount together with the
interest and costs with the Reference Court.
It
is also observed that the original claimant shall be at the liberty
to move appropriate application for withdrawal of the amount after
the amount is deposited. It is further observed that in the event
the orders for withdrawal is not passed by this Court or received by
the Trial Court within one month from the date of deposit, the Trial
Court shall invest the amount in the Fixed Deposit Receipt initially
for a period of one year and such investment shall be renewed from
time to time until further orders.
Disposed
of accordingly.
(JAYANT
PATEL, J.)
(R.M.
CHHAYA, J.)
*bjoy
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