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CA/361/1995 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 361 of 1995
In
FIRST
APPEAL No. 35 of 1995
=========================================================
GSRTC
- Petitioner(s)
Versus
SAVITABEN
& 2 - Respondent(s)
=========================================================
Appearance
:
MR
HEMANT S SHAH for
Petitioner(s) : 1,
NOTICE
UNSERVED for
Respondent(s) : 1,
MR
ARPIT Y MEHTA for
Respondent(s) : 1,
MR
HARMISH K SHAH for
Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 19/09/2008
ORAL
ORDER
1. Heard
learned advocate Mr.H.S.Shah for the applicant.
2. This
Court has, on 17.1.1995, has passed the following order :
?SRule.
Ad-interim relief in terms of Para.5(A) on condition that the
applicant ? appellant deposits an amount of Rs.2,81,000/- (Rupees
Two Lacs Eighty One thousand only) together with proportionate
interest and costs awarded with the Tribunal on or before 28.2.1995.
As and when the amount is deposited, the Tribunal shall invest an
amount of Rs.1,60,000/- (Rupees One lac Sixty Thousand) in the name
of applicant No.2 and other amount of Rs.1,60,000/- (Rupees One lac
Sixty Thousand) in the name of applicant No.3 as per the directions
given in the award. The balance amount together with interest and
cost shall be invested by the Tribunal in the name of applicant No.1
as per the direction given in the award. All the investments will be
on the same terms and conditions mentioned in the award. As amount of
Rs.1 lac together with proportionate interest and cost which is
permitted, be retained by the appellant is on condition that in case
the petitioner looses in the appeal and is required to pay this
amount or any part thereof, it shall pay the same with 15% interest
or interest at the rate that may be directed by this Court at the
time of final hearing.
Office
is directed to remit the amount of Rs.55,844/- (Rupees Fifty Five
Thousand Eight Hundred Forty Four only) deposited by the appellant
with the office of the High Court to the Tribunal immediately. The
appellant will be at liberty to take credit of the aforesaid amount
while depositing the amount as directed above.
Office
to keep copy of same in each petition.??
3. Learned
advocate Mr.Shah requests this Court to reduce the rate of interest.
4. I
have considered the request made by learned advocate Mr.Shah. But
looking to the facts that accident occurred in the year of 1986 and
the husband of the claimant had died and at the relevant time, rate
of interest was 15% and that was rightly awarded by the claims
Tribunal. Merely in deciding the appeal, rate of interest cannot be
reduced which otherwise considered to be a loss caused to the
claimant without any base and reason. Therefore, the request made by
learned advocate Mr.Shah cannot be accepted and same is rejected.
5. The
applicant ? Corporation is directed to deposit the remaining
amount with accruing interest which is lying with it with the claims
Tribunal within a period of three months from today.
6. The
claims Tribunal concerned is directed to disburse or pay all the
amounts with accruing interest to the Savitaben wd/o Vallabhbhai
Karsanbhai Bhimani by account payee cheque.
7. Accordingly,
present application is disposed of.
(H.K.RATHOD,J.)
(vipul)
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