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CA/3130/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 3130 of 2008
In
FIRST
APPEAL No. 1885 of 2004
=========================================
MOHSIN
MUHAMMAD RAFIK SHAIKH
Versus
G
S R T C THROUGH LEGAL ADVISOR & ORS
=========================================
Appearance :
MR
VA MANSURI for Applicant
MR ASHISH M DAGLI
for Respondent No.1
None for Respondents 2 -
7.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE J.R.VORA
and
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 17/03/2008
ORAL
ORDER
:(Per : HONOURABLE MR.JUSTICE M.R. SHAH)
Present
application has been filed by the applicant ? Mohsin Mahamed Rafik
Shaikh, original Claimant No.3 in Motor Accident Claim Petition
No. 576 of 1989 for vacating the interim relief granted by this
Court, vide order dated 17.8.2004, passed in Civil Application No.
6376 of 2004 in First Appeal No. 1885 of 2004.
It
is also further prayed to fix the First Appeal No. 1885 of 2004
along with other tagged group of First Appeals for final hearing.
It
appears that while admitting the First Appeal No. 1885 of 2004,
the Division Bench of this Court, granted the interim relief staying
the judgment and award of the Tribunal, subject to deposit of the
award amount, within two months with the Claims Tribunal. It is
submitted that the original appellant has not deposited the entire
award amount as per the order passed by this Court in Civil
Application No. 6376 of 2004. If that be so, as the interim
relief granted earlier was a conditional one, subject to deposit of
the award amount within two months with the Claims Tribunal, and if
the said order is not complied with, then, automatically, there
would not be any interim order. Therefore, there is no question of
vacating the interim relief. With this, present application is
disposed of.
In
the facts and circumstances of the case and as First Appeal No. 1885
of 2004 to First Appeal No. 1893 of 2004 were already on Board for
final hearing, and it is reported that, the said First Appeals have
been heard for some time, the Registry is directed to notify First
Appeal No. 1885 of 2004 to First Appeal No. 1893 of 2004 before the
Division Bench taking up such matters on 31st of March,
2008.
(J.
R. VORA, J.)
(M.
R. SHAH, J.)
pnnair
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