Gujarat High Court High Court

State vs Gangaben on 6 May, 2011

Gujarat High Court
State vs Gangaben on 6 May, 2011
Author: H.K.Rathod,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
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CA/10307/2008	 3/ 3	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

CIVIL
APPLICATION - FOR STAY No. 10307 of 2008
 

In
FIRST APPEAL No. 4251 of 2008
 

With


 

CIVIL
APPLICATION No. 10308 of 2008
 

In
FIRST APPEAL No. 4252 of 2008
 

To


 

CIVIL
APPLICATION No. 10309 of 2008 

 

In
FIRST APPEAL No. 4253 of 2008
 

With


 

CIVIL
APPLICATION No. 10311 of 2008
 

In
FIRST APPEAL No. 4255 of 2008
 

To


 

CIVIL
APPLICATION No. 10317 of 2008 

 

In
FIRST APPEAL No. 4261 of 2008
 

With


 

CIVIL
APPLICATION No. 10319 of 2008
 

In
FIRST APPEAL No. 4263 of 2008
 

To


 

CIVIL
APPLICATION No. 10321 of 2008 

 

In
FIRST APPEAL No. 4265 of 2008
 

With


 

CIVIL
APPLICATION No. 10323 of 2008
 

In
FIRST APPEAL No. 4267 of 2008
 

To


 

CIVIL
APPLICATION No. 10328 of 2008 

 

In
FIRST APPEAL No. 4272 of 2008
 

With


 

CIVIL
APPLICATION No. 10330 of 2008
 

In
FIRST APPEAL No. 4274 of 2008
 

To


 

CIVIL
APPLICATION No. 10336 of 2008 

 

In
FIRST APPEAL No. 4280 of 2008
 

 
 
=========================================================

 

STATE
OF GUJARAT THROUGH SECRETARY & 2 - Petitioner(s)
 

Versus
 

GANGABEN
CHANDABHAI FULABHAI PARMAR - Respondent(s)
 

=========================================================

 

 
Appearance
: 
MR
NIRAJ SONI AGP for Petitioner(s) : 1 - 3. 
None for Respondent(s) :
1, 
RULE NOT RECD BACK for Respondent(s) : 1.2.1, 1.2.2, 1.2.3,
1.2.4, 1.2.5,1.2.6
 
=========================================================



	 
		  
		 
		  
			 
				 

CORAM
				: 
				
			
			 
				 

HONOURABLE
				MR.JUSTICE H.K.RATHOD
			
		
	

 

 
 


 

Date
: 01/12/2008 

 

 
 
ORAL
ORDER

Heard
learned AGP Mr. Niraj Soni on behalf of applicant, learned advocate
Mr. KM Sheth appearing for respondent claimants.

This
Court has admitted appeals on 10/9/2008 and passed following interim
order:

?SRule. Mr. K.M
Sheth, learned advocate waives service of rule on behalf of the
respondents. Heard learned Advocates for the Applicants and the
Opponents. Interim relief in terms of para 5 (B) on condition that
the applicants shall deposit the decretal amount within six weeks
from today. On such amount being deposited, the original claimants
shall be at liberty to withdraw 40% of the amount. The remaining
amount being the amount of 60% shall be invested by the Registry
by way of a fixed deposit with a nationalised bank initially for a
period of three years, and on maturity shall be renewed by one
year at a time without any further orders in this regard till
the disposal of the appeal. The interest accruing on the said
deposit shall be paid quarterly to the original claimants. Rule is
made absolute accordingly with no order as to costs.??

This
Court has granted relief in terms of para 5(B) on condition that
applicant shall have to deposit decretal amount within six weeks
from the date of order and liberty was granted to claimants for 40%
withdrawal.

In
view of aforesaid order passed by this Court and after considering
submissions made by both learned advocates, Rule is made absolute in
terms of order dated 10/9/2008.

The
Registry of this Court is directed to notify group of appeals being
FA No. 4251/2008 and allied matters on 18/12/2008 on separate board.

(H.K.RATHOD,
J)

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