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CA/7804/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 7804 of 2010
In
FIRST
APPEAL No. 1934 of 2010
To
CIVIL
APPLICATION No. 7810 of 2010
In
FIRST
APPEAL No. 1940 of 2010
=========================================================
STATE
OF GUJARAT THROUGH SPL. LAND ACQUISITION OFFICER & 1 - Applicants
Versus
AMBARAMBHAI
VIRCHANDBHAI PATEL & PARSHOTTAMBHAI VIRCHAND & 1 -
Respondent(s)
=========================================================
Appearance
:
MR
KL PANDYA, ASSTT. GOVERNMENT PLEADER
for
Petitioner(s) : 1 - 2.
MR AV PRAJAPATI, for
Respondents-Claimants.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 23/07/2010
COMMON
ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
Rule.
Mr.A.V.Prajapati, learned counsel, appears for the original claimants
as he appeared in the concerned First Appeals also and waives service
of notice of Rule on behalf of the original claimants.
The
present applications are for interim injunction against the execution
and implementation of the common Award passed by the Reference Court
which is impugned in the First Appeals.
Considering
the facts and circumstances, there shall be interim stay against the
execution and implementation of the Award passed by the Reference
Court which is impugned in the First Appeals, on condition that the
applicants deposit the entire awarded amount, together with costs and
interest, with the Reference Court within a period of eight weeks
from today.
We
have heard learned counsel appearing for both the sides on the
aspects of withdrawal.
Considering
the facts and circumstances, out of the amount which may be deposited
by the applicants pursuant to the above order, the original claimants
shall be entitled to withdraw 50% of the amount and such amount shall
be paid to the claimants by the Reference Court by depositing the
same in the concerned Bank Accounts of the original claimants through
electronic mode. The remaining 50% of the amount shall be invested
with the Nationalized Bank initially for a period of five years and
the investment shall be renewable from time to time until the First
Appeals are finally disposed of.
The
applications are allowed to the aforesaid extent. Rule is made
absolute in the above terms. There shall be no orders as to costs.
(Jayant
Patel, J.)
(Smt.Abhilasha
Kumari, J.)
(sunil)
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