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CA/865020/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION-FOR STAY No.8650 of 2010
In
FIRST
APPEAL No.2189 of 2010
=====================================================
MANAGER
- Petitioner(s)
Versus
USHABEN
BABULAL SHAH & 6 - Respondent(s)
=====================================================
Appearance
:
MS LILU K BHAYA for Petitioner(s) :
1,
RULE NOT RECD BACK for Respondent(s) : 1 - 4.
RULE UNSERVED
for Respondent(s) : 5 - 6.
RULE SERVED for Respondent(s) :
7,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE R.M.CHHAYA
Date
: 03/08/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
(1) The
present application is for interim injunction pending first appeal
against the execution and implementation of the judgment and award
passed by the Tribunal.
(2) This
court on 12.08.2010 had passed the following order:
“Rule
returnable on 13.09.2010. By ad interim order, there shall be stay
against the execution and implementation of the award on the
condition that the applicant-appellant deposits the entire awarded
amount with costs and interest with the Tribunal qua its own
liability before the returnable date.”
(3) The
learned counsel for the applicant states that the amount has been
deposited and the condition has been complied with. Under the
circumstances, ad-interim order shall stand confirmed.
(4) The
opponents-claimants were not served but vide order dated 23.06.2011
passed by this court in Civil Application No.5618 of 2011, service
was permitted to be effected through public notice. Today, an
affidavit dated 28.07.2011 has been filed on behalf of the applicant
wherein it is stated that the public notice was published in ‘Gujarat
Samachar’ daily newspaper, Kheda/Anand edition on 19.07.2011 and in
Vadodara edition on 20.07.2011. None has appeared on behalf of the
claimants.
(5) Under
the above circumstances, we have not considered the aspect of
permitting of withdrawal of the amount or otherwise at this stage but
it is directed that the amount deposited by the applicant shall be
invested by the Tribunal in fixed deposit, initially for a period of
01 (one) year and such investment shall be renewed from time to time
until further orders. It is also observed that the original claimants
shall be at liberty to move appropriate application for withdrawal of
the amount, as may be permissible in law.
(6) The
applicant is disposed of accordingly. RULE made absolute.
Sd/-
[JAYANT
PATEL,J]
Sd/-
[R.M.CHHAYA,
J ]
Bhavesh*
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