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CA/1285/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 1285 of 2010
In
FIRST
APPEAL No. 222 of 2010
=========================================================
JAYSHREE
ENGINEERING WORKS - Petitioner(s)
Versus
KALIDAS
GULABBHAI BAROT & 1 - Respondent(s)
=========================================================
Appearance
:
MR
SJ SHAH for
Petitioner(s) : 1,MR ND SONGARA for Petitioner(s) : 1,
RULE SERVED
for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 19/03/2010
ORAL
ORDER
1. Heard
Mr.S.J.Shah, learned advocate for the applicant. Though served none
appears for the opponent Nos.1 & 2.
2. The
present application has been taken out seeking stay against the award
dated 16.12.2009 passed by the learned Commissioner of Workman’s
Compensation, Vadodara in Workman’s Compensation Application
No.25/1994.
3. By
an order dated 08.02.2010, the Court allowed payment of Rs.30,000/-
by account payee cheque in favour of the opponent -Kalidas Gulabbhai
Barot. The Court has, by the said order dated 08.02.2010, also
directed that the balance amount out of the total amount deposited by
the applicant, should be invested in fixed deposit with a
Nationalized Bank for a period of three years and Fixed Deposit
Receipt shall be retained by the learned Commissioner of Workman’s
Compensation. The Court has also directed renewal of the Fixed
Deposit from time to time until the appeal is finally disposed of.
The Court has not permitted the payment of interest in favour of the
opponents.
4. Upon
hearing Mr.Shah, learned advocate for the applicant-appellant, it
appears appropriate in the interest of justice that the ad-interim
relief granted by order dated 08.02.2010 deserves to be confirmed on
the same terms and conditions, with additional condition that bank
shall not grant and/or the beneficiaries/claimants shall not be
allowed to raise, loan or create any charge on the fixed deposit.
Hence, ad-interim relief granted by order dated 08.02.2010 is hereby
confirmed and the same shall be continued, on the same terms and
conditions along with aforesaid additional condition, until final
decision of the appeal or until other or further orders are passed.
Rule is made absolute in terms of para-5(A), so far as the present
application is concerned. The application accordingly stands disposed
of.
(K.M.Thaker,J.)
rakesh/
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