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CA/11372/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR ORDERS No. 11372 of 2008
In
CIVIL
APPLICATION No. 4131 of 2005
In
CIVIL APPLICATION No. 8200 of 2003
=========================================================
LABHUBEN
WD/O MANUBHAI VIRJIBHAI SAVALIA & 3 - Petitioner(s)
Versus
GENERAL
MANAGER,GSRTC & 3 - Respondent(s)
=========================================================
Appearance
:
MR
JA ADESHRA for
Petitioner(s) : 1
- 4.
MR
HARESH J TRIVEDI for
Respondent(s) : 1,
None
for Respondent(s) : 2 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 24/09/2008
ORAL
ORDER
1. Heard
learned advocate Mr.J.A.Adeshra for the applicants.
2. This
matter has been called out twice, learned advocate Mr.Trivedi for
respondent No.1 is not present.
3. By
way of present application, the applicants want periodical interest
upon the subsequent amount which has been deposited by the
Corporation before the claims Tribunal of Rs.3,38,000/- and
remaining amount of Rs,1,65,000/- is not deposited so far by
Corporation.
4. Considering
the averments made in the application and the submissions made by
learned advocate Mr.Adeshra, the claims Tribunal (Aux.-I) Ahmedabad
Rural at Ahmedabad is directed to pay 30% amount from Rs.3,38,000/-
to Labhuben wd/o Manubhai Virjibhai Savliya by account payee cheque
and rest of the amount be invested in any nationalized bank for a
period of three years in the name of respondents claimants with a
periodical renewal but, FDRs shall remain with Nazar of the claims
Tribunal and respondent No.1 – Labhuben wd/o Manubhai Virjibhai
Savliya is entitled the periodical interest upon the said FDRs till
the appeal is finally decided by this Court.
5. The
respondent No.1 Corporation shall deposit the remaining amount as
awarded by the claims Tribunal together with cost and interest before
the claims Tribunal, which roughly estimated by learned advocate
Mr.Adeshra Rs.1,65,000/- within a period one month from the date of
receiving the copy of this order i.e. on or before 10.11.2008,
failing which it will be open for the claimants to file necessary
application before this Court.
6. Accordingly,
present application is disposed of.
(H.K.RATHOD,J.)
(vipul)
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