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CA/8478/1999 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 8478 of 1999
In
FIRST
APPEAL No. 1400 of 1999
=========================================================
GSRTC
- Petitioner(s)
Versus
CHHAGANBHAI
BHIKHABHAI BARAIYA & 2 - Respondent(s)
=========================================================
Appearance
:
MR
YOGESH S LAKHANI for
Petitioner(s) : 1,
None for Respondent(s) : 1, 1.2.1,1.2.2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 01/08/2008
ORAL
ORDER
Heard
learned Advocate Mr. Dave for the appellant.
Considering
his submissions, rule returnable on 1.9.2008. Ad interim relief in
terms of para 5(B) on a condition that the appellant shall have to
deposit entire amount awarded by the claims tribunal concerned
together with interest and costs all throughout before the claims
tribunal within one month from the date of receipt of copy of this
order. At this stage, learned advocate Mr. Dave for the appellant
submitted that the entire amount awarded by the claims tribunal has
already been deposited by the appellant before the claims tribunal.
Amount if any deposited by the appellant in the registry of this
Court be transmitted to the claims tribunal immediately.
In
view of the above, it is directed to the claims tribunal to pay 30%
amount with accruing interest till this date to the respondents
claimants by account payee cheque and rest of 70% amount is ordered
to be invested in any nationalized bank initially for a period of
five years with periodical renewal from time to time till the
appeal is finally decided by this Court, in the name of the
claimants. It is clarified that the FDRs of such investment shall
remain in the custody of the Nazir of the claims tribunal and the
respondents claimants shall be entitled to periodical interest
therefrom till the appeal is finally decided by this Court.
(H.K.
Rathod,J.)
Vyas
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