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FA/4846/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 4846 of 2010
To
FIRST
APPEAL No. 4848 of 2010
With
CIVIL
APPLICATION No. 16291 of 2010
In
FIRST APPEAL No. 4846 of 2010
To
CIVIL
APPLICATION No. 16293 of 2010
In
FIRST APPEAL No. 4848 of 2010
======================================
RABARI
VAGHUBHAI GANESHBHAI
Versus
PATEL
SANTOKBA LAXMANBHAI
WD/O
LAXMANBHAI PRABHUDAS PATEL & OTHERS
======================================
Appearance
:
MS SUNEETA R SHUKLA for
Appellant(s) : 1,
MR JIGAR G GADHAVI for Defendant(s) : 1 - 3.
MR
SUNIL B PARIKH for Defendant(s) : 4,
None for Defendant(s) : 5 -
6.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 22/12/2010
ORAL
ORDER
FIRST
APPEAL Nos.4846-4848 of 2010
ADMIT.
CIVIL
APPLICATION No.16291-16293 of 2010
There
shall be interim relief in terms of paragraph 4(A) on the condition
that the applicant will deposit the entire decretal amount before the
Tribunal within a period of six weeks from today. On depositing
the entire decretal amount by the applicant
together with accrued interest and costs, Claims Tribunal concerned
is directed to invest
70% thereof in any Nationalized Bank in the name of respondent
claimant/s initially for a period of three years with periodical
renewal with a condition that claimants will get quarterly interest
upon said FDR till the appeal is finally decided by this Court. Said
FDR, though in the name of respondent-claimant/s, shall remain with
Nazir of Claims Tribunal concerned till the appeal is finally decided
by this Court.
Rest
of the 30% amount is permitted to be withdrawn by the
respondent-claimant/s, by account payee cheque, after proper
verification subject to final result in the appeal.
If
the amount is not deposited within six weeks from today, the interim
relief granted by this Court will be vacated.
Civil
Applications are disposed of accordingly.
(K.S.Jhaveri,
J.)
*mohd
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