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CA/11833/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 11833 of 2009
In
FIRST APPEAL No. 4207 of 2009
To
CIVIL
APPLICATION No. 11840 of 2009
In
FIRST APPEAL No. 4214 of 2009
=========================================================
DEPUTY
GENERAL MANAGER - Petitioner(s)
Versus
VAGHELA
JORAVARSINH GOBARSINH & 1 - Respondent(s)
=========================================================
Appearance :
M/S
TRIVEDI & GUPTA for
Petitioner(s) : 1,
None for Respondent(s) : 1
MR
LR PUJARI, AGP for Respondent No.
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 13/09/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
All
the applications are for interim injunction pending the First
Appeals against the jugement and the award of the reference court
which are impugned in the respective first appeals.
Considering
the facts and circumstances, there shall be interim injunction
against the operation and implementation of the judgment and order
of the reference court on condition that the applicant deposits the
entire awarded amount together with the costs and interest with the
reference court within a period of 6 weeks from today. After the
amount is deposited, the concerned claimants shall be at the liberty
to move appropriate application for withdrawal of the amount.
In
Civil Application No.11833/09 and 11834/09, as it has been reported
that the claimants have expired, the legal heirs of the said
claimants will be at the liberty to move appropriate application for
withdrawal of the amount. So far as claimants of Civil Application
Nos.11835/09 to 11840/09, the concerned claimants shall be at the
liberty to withdraw 50% of the amount out of the amount which may be
deposited by the applicant and remaining 50% of the amount shall be
invested with the Nationalised Bank in Fixed Deposit Receipt
initially for a period of 3 years and such investment shall be
renewable from time to time until the First Appeal is finally
disposed of.
Applications
are disposed of accordingly.
(JAYANT
PATEL, J.)
(H.B.ANTANI,
J.)
*bjoy
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