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CA/10209/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 10209 of 2011
In
FIRST APPEAL No. 3020 of 2011
To
CIVIL
APPLICATION - FOR STAY No. 10218 of 2011
In
FIRST APPEAL No. 3029 of 2011
=========================================================
DEPUTY
COLLECTOR & 1 - Petitioner(s)
Versus
RANA
PRUTHVISINH GOBARJI - Respondent(s)
=========================================================
Appearance :
MR
NEERAJ SONI, AGP for Petitioner(s)
: 1 - 2.
None for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE R.M.CHHAYA
Date
: 29/09/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
Rule.
Mr.Prajapati appears in all the matters for the original claimants
and waives notice of Rule.
The
present applications are for interim injunction pending the First
Appeals against the judgement and the award passed by the Reference
Court which is impugned in the First Appeals.
Considering
the facts and circumstances, there shall be interim injunction
against the execution and implementation of the judgement and award
of the reference court on the condition that the applicant deposits
the entire awarded amount together with the cost and interest with
Reference Court within a period of eight weeks from today.
We
have heard the learned counsel appearing for both the sides on the
aspect of withdrawal. Considering the facts and circumstances, out
of the amount which may be deposited, the original claimants shall
be permitted to withdraw 50% of the amount and the remaining 50% of
the amount shall be invested by the Reference Court in the Fixed
Deposit Receipt initially for a period of 3 years and such
investment shall be renewed from time to time until the appeals are
finally disposed of. The original FDRs shall be retained by the
nazir of the Reference Court.
Applications
allowed to the aforesaid extent. Rule made absolute accordingly.
(JAYANT
PATEL, J.)
(R.M.
CHHAYA, J.)
*bjoy
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