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CA/11107/2008 2/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 11107 of 2008
In
FIRST
APPEAL No. 4631 of 2008
With
CIVIL
APPLICATION No. 11108 of 2008
In
FIRST APPEAL No. 4632 of 2008
=========================================================
DEPUTY
GENERAL MANAGER - Petitioner(s)
Versus
SPECIAL
LAND ACQUISTION OFFICER & 1 - Respondent(s)
=========================================================
Appearance
:
MARSHALL
&ASSOCIATES for
Petitioner(s) : 1,
RULE NOT RECD BACK for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 09/03/2010
ORAL
ORDER
Present
application has been preferred with the request for stay against the
execution, operation and implementation of the judgment and award
dated 11.03.2008 passed by the 9th
Additional Senior Civil Judge, Mehsana in LAR Case No.2848/2003. On
22.09.2008, an order directing to deposit the decreetal amount was
passed. The Court also directed that orders as to investment/
disbursement shall be passed on the returnable date. After issuing
said directions, decreetal amount has not been invested for the last
two years. The applicant has not taken any steps to ensure service
of notice of Rule and/ or to seek directions for investment. The
notice could not be served for last two years. The notice of Rule
has not been received back and applicant has not bothered to get the
opponents duly served. Evidently, respondents prima facie appear to
have suffered loss of interest in respect of the amount deposited
under the order of the Court. It appears from the record that any
order for investment/ disbursement could not be/ has not been
passed. Hence on the condition to make good the loss of interest, if
any, and that the contention that the amount was deposited will not
be pleaded for avoiding the liability of the interest or the loss of
interest, if suffered by the respondents, the applicant is granted
time to deposit the amount, if already not deposited, on or before
18.03.2010 and to supply correct and complete address of the
unserved respondents to the Registry and to ensure service of
notice. If the correct and complete addresses of the said
respondents are supplied on or before 18.3.2010 to the Registry, the
office will issue fresh notice returnable four week thereafter. The
notice shall be issued only if amount is deposited as aforesaid and
the addresses are supplied and the applicant shall be given direct
service of the notice. On the aforesaid condition time to deposit
the said amount is granted till 18.03.2010. If the addresses are not
supplied and/ or amount is not deposited the application will stand
dismissed for non prosecution.
It
is further directed that if the amount is already deposited but the
amount has not been already invested, or if the amount is now
deposited under present direction, the same shall be invested
forthwith in fixed deposit with a Nationalised Bank in the name of
the Nazir of the Court. Amount will be invested in a fixed deposit
with cumulative interest for a period of five years with an option
to make disbursement as part of the deposited amount if further
orders of disbursement is passed.
(K.M.THAKER,
J.)
..mitesh..
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