CA/14953/2007 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL APPLICATION - FOR STAY No. 14953 of 2007 In FIRST APPEAL No. 5330 of 2007 ========================================================= G.S.R.T.C. - Petitioner(s) Versus FULABEN POPATJI CHAVDA & 6 - Respondent(s) ========================================================= Appearance : MS AVANI S MEHTA for Petitioner(s) : 1, MR HARSHAD K PATEL for Respondent(s) : 1,3 - 4, 6, None for Respondent(s) : 2, 5, 7, ========================================================= CORAM : HONOURABLE MR.JUSTICE H.K.RATHOD Date : 07/07/2008 ORAL ORDER
1. Heard
the learned advocates appearing on behalf of respective parties.
2. RULE.
Learned advocate Mr. Harshad K. Patel waives service of notice of
rule on behalf of opponent.
3. Learned
advocate Ms.Mehta submitted that amount as awarded by Tribunal along
with interest is deposited by applicant before the Tribunal and
accordingly, Tribunal has implemented the award in question giving
25% share to respondents No.1, 3, 4 and 6. Out of that amount, 70%
amount is to be invested in Nationalised Bank for a period of five
years and remaining 30% amount is to be paid to respondents No.1, 3,
4 and 6 by account payee cheque and amount which has been granted in
favour of minor i.e. respondent No.6 is to be deposited in the name
of his natural guardian. This amount is not to be withdrawn without
permission of the Tribunal and respondents No.1, 3, 4 and 6 are
entitled the amount of interest periodically from that deposits.
Therefore, the amount which has been disbursed to the respondent as
referred above and invested in nationalised bank is subject to result
of the present appeal.
4. In
view of aforesaid facts and circumstances of the case, the amount,
which is disbursed to the claim and deposited in nationalised bank in
FDR, is subject to final outcome of this appeal. The amount which has
been deposited in FDR remains continue till the final outcome of the
appeal and respondents are entitled the periodical interest from the
said FDR.
5. Accordingly,
rule is made absolute to that extent. The present Civil Application
is disposed of.
[H.K.
RATHOD, J.]
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