Gujarat High Court Case Information System
Print
CA/4318/2007 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 4318 of 2007
In
FIRST
APPEAL No. 1647 of 2007
=========================================================
AHMEDABAD
MUNICIPAL CORPN., - Petitioner(s)
Versus
KUSUMBEN.
WD/O DECEASED VIRENDRAKUMAR & 3 - Respondent(s)
=========================================================
Appearance :
MR
RR MARSHALL for Petitioner(s) : 1,
NOTICE NOT
RECD BACK for Respondent(s) : 1 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
Date
: 07/05/2007
ORAL
ORDER
The
present application is for interim injunction pending the First
Appeal.
Heard
Mr. Mirza for Mr. Marshall for the applicant and Mr. Hiren Modi
appears for the orig. claimant.
In
view of the declaration made in the First Appeal, there may not be
any question of stay of the execution and implementation of the
Award to the extent of admitted liability of Rs.2,08,000/- with
proportionate cost and interest. The only aspect to be considered
is for interim injunction to the extent of liability under challenge
of Rs.1,50,000/- with proportionate interest and cost.
Ad
interim injunction was granted by this Court on 03.04.2007 on the
condition to deposit the entire awarded amount and Mr.Mirza, learned
counsel appearing for the applicant declares that the condition is
complied with and amount is deposited. Hence, the ad interim relief
granted earlier shall continue as interim relief.
I
have also heard the learned advocate appearing for both the sides on
the aspect of withdrawal.
Considering
the facts and circumstances, it appears that out of the amount
forming admitted liability together with the interest ad cost, the
Tribunal shall permit disbursement of 30% of the amount and shall
make investment of 70% of the amount in the Fixed Deposit Receipt
for a period of 5 years with the clause that the claimant shall not
be entitled to raise any loan but shall be entitled for interest
periodically as it may become due from time to time. Ordered
accordingly.
Considering
the facts and circumstances, the amount forming liability under
challenge together with the interest and cost shall be invested
under the Fixed Deposit Receipt for a period of 5 years with the
further clause of renewal in the event the appeal is not decided
before the due date and with the clause that the claimant shall not
be entitled to raise any loan, but shall be entitled to interest
periodically on such investment as and when it becomes due. Ordered
accordingly.
Application
allowed to the aforesaid extent. Rule made absolute accordingly.
D.S. to opponent-claimant.
(JAYANT PATEL, J.)
*bjoy
Top