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CA/1859/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 1859 of 2008
In
FIRST
APPEAL No. 666 of 2008
=========================================================
G.S.R.T.C.
- Petitioner(s)
Versus
KALIN
PURSHOTTAM PATIL & 1 - Respondent(s)
=========================================================
Appearance :
MR
HARDIK C RAWAL for Petitioner(s) : 1,
RULE
SERVED for Respondent(s) : 1,
RULE UNSERVED for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 08/07/2008
ORAL
ORDER
Heard
learned Advocate Mr. Hardik C. Rawal for the applicant GSRTC.
Respondent No.1 herein has been served with the rule issued by this
court. However, respondent No.1 has not appeared before this court
either in person or through an advocate. Respondent No.2 has
remained unserved, therefore, learned Advocate Mr. Rawal for the
applicant seeks leave to delete the name of respondent No. 2 from
the array of the application.
In
this civil application, rule was issued by this court on 16.5.2008
by making it returnable on 8.7.2008 and meanwhile, ad interim relief
in terms of para 3(b) of the application was granted by this court.
In
this matter, the Claims Tribunal has awarded Rs.53572.00 in favour
of the respondent no.1 with 7.5% simple interest. The Claims
Tribunal has directed 50 per cent deposit in the nationalized bank
and 50 per cent is tobe paid to the respondent no.1 by way of an
account payee cheque.
Therefore,
considering the submissions made by the learned advocate Mr. Rawal
on behalf of the applicant, ad interim relief granted by this court
on 16.5.2008 is hereby confirmed on a condition that the Claims
Tribunal shall have to make disbursement of the amount to respondent
no.1 as per the directions issued by the Claims Tribunal in award
dated 3rd March, 2007 meaning thereby, the Tribunal shall
have to deposit 50 per cent amount in nationalized bank for a period
of five years and 50 per cent has to be paid to respondent no.1 by
account payee cheque. The Claims Tribunal shall have to obtain FDRs
in the name of respondent no.1 and to keep the original FDRs with
the Nazir of the Tribunal.
Subject
to these observations and directions, Rule is made absolute. This
Civil Application stands disposed of accordingly.
(H.K.
Rathod,J.)
Vyas
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