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CA/14277/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 14277 of 2010
In
FIRST
APPEAL No. 3786 of 2010
=========================================================
NEW
INDIA ASSURANCE COMPANY LIMITED, GODHRA - Petitioner(s)
Versus
KAMLESHKUMAR
AJITSINH RATHOD & 6 - Respondent(s)
=========================================================
Appearance
:
MR
VIBHUTI NANAVATI for
Petitioner(s) : 1,
MR SATYAM Y CHHAYA for Respondent(s) : 1,
MS
MOXA THAKKAR, ASSTT.GOVERNMENT PLEADER for Respondent(s) : 2,
RULE
NOT RECD BACK for Respondent(s) : 3,
RULE SERVED for Respondent(s)
: 4,
MR GAJENDRA P BAGHEL for Respondent(s) : 5 -
7.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 21/03/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
The
present application is for interim injunction pending the First
Appeal against the judgment and award passed by the Tribunal which
is impugned in the First Appeal.
This
Court, on 3.2.2011 passed the following order.
“Rule
returnable on 7.3.2011. Ad-interim stay of operation, execution and
implementation of the Award on condition that the applicant-appellant
deposits the awarded amount, with costs and interest, with the
Tribunal within four weeks from today, till then.”
Today,
Mr. G.P. Baghel, learned counsel appearing for the original
claimants submits that the amount has been deposited in part, but
full amount has not been deposited. Mr. Thomas for Mr. Nanavati for
the applicant states that the remaining amount, if any, shall be
deposited within four weeks from today. Under the above
circumstances, ad interim relief granted earlier shall stand
confirmed on condition that the remaining amount shall also be
deposited within four weeks from today.
We
have heard Mr. Thomas for Mr. Nanavati for the applicant and Mr.
Baghel for the original claimants on the aspect of withdrawal.
Presence of the other parties to the proceedings may not be required
at this stage.
Considering
the facts and circumstances, out of the total awarded amount of Rs.
9,51,688/- with interest and cost, admitted liability is of Rs.
4,09,160/- with the proportionate interest and cost and, therefore,
the Tribunal shall bifurcate the amount into two parts; one would be
the amount of Rs.4,09,160/- with the proportionate interest and
cost as admitted liability and the said amount shall be appropriated
by the Tribunal as per the judgment and award of the Tribunal for
the purpose of withdrawal and investment. Remaining amount of Rs.
5,42,528/- with the proportionate interest and cost shall be
invested by the Tribunal in a Fixed Deposit Receipt initially for a
period of three years and such investment shall be renewed from time
to time until the appeal is finally heard and disposed of. But the
original claimant shall be entitled to periodical interest as and
when it becomes due.
The
application is allowed to the aforesaid extent. Rule made absolute.
[JAYANT
PATEL, J.]
[H.B.
ANTANI, J.]
pirzada/-
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