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CA/2780/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 2780 of 2011
In
FIRST
APPEAL No. 770 of 2011
With
CIVIL
APPLICATION No. 2781 of 2011
In
FIRST APPEAL No. 771 of 2011
=========================================================
SPECIAL
LAND ACQUISITION OFFICER & 1 - Petitioner(s)
Versus
DAHIBEN
WD/O KESHABHAI PATEL & 1 - Respondent(s)
=========================================================
Appearance :
MS
MOXA THAKKAR, AGP for
Petitioner(s) : 1 - 2.
None for Respondent(s) : 1 - 2,2.2.5
MR
YATIN SONI for Respondent(s) : 1.2.1, 1.2.2, 1.2.3, 1.2.4, 1.2.5,
1.2.6,1.2.7 - 2, 2.2.2, 2.2.3,2.2.4
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MS.JUSTICE B.M.TRIVEDI
Date
: 17/03/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
Rule.
Mr.Chudasama for Mr.Yatin Soni waives notice of Rule for original
claimants.
Both
the applications are for interim injunction pending the First
Appeals against judgement and award passed by the Reference Court
which is impugned in the concerned First Appeals.
Considering
the facts and circumstances, there shall be interim injunction
against execution and implementation of the judgment and the award
passed by the Reference Court on the condition that the applicant
deposits the entire awarded amount together with costs and interest
within a period of eight weeks from today.
We
have heard the learned counsel appearing for both the sides on the
aspects of withdrawal.
Considering
the facts and circumstances, out of the deposited amount, 50% of the
amount shall be permitted to be withdrawn by the original claimant
and the remaining 50% of the amount shall be invested by the
Reference Court with the Nationalised Bank initially for a period of
three years and such investment shall be renewed from time to time
until the appeal is finally disposed. The original Fixed Deposit
Receipts shall be retained with the Nazir of the Reference Court.
Application
allowed to the aforesaid extent. Rule made absolute accordingly.
(JAYANT
PATEL, J.)
(Ms.
B.M. TRIVEDI, J.)
*bjoy
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