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CA/936820/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 9368 of 2010
In
FIRST
APPEAL No. 503 of 2010
To
CIVIL
APPLICATION No. 9382 of 2010
In
FIRST
APPEAL No. 517 of
2010
=============================================================
STATE
OF GUJARAT THROUGH SPL. LAND ACQUISITION OFFICER & 1 -
Petitioner(s)
Versus
RUDIBEN
JIVABHAI & 1 - Respondent(s)
=============================================================
Appearance :
MS
MANISHA NARSINGHANI, AGP for
the Applicants
MR AMIN for the Respondents
=============================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE BANKIM.N.MEHTA
Date
: 16/08/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
1. Rule.
Mr. Amin, learned counsel appears for the opponents original
claimants, as is appearing in the respective first appeals also and
waives Notice of Rule.
2. All
the applications are for interim injunction pending the respective
first appeals, which have been admitted by this Court and are
awaiting final hearing.
3. Considering
the facts and circumstances, there shall be interim injunction
against execution and implementation of the award passed by the
Reference Court, which is impugned in the respective first appeals,
on condition that the applicant appellant deposits the entire
awarded amount as per the order of the Reference Court within period
of eight weeks from today.
4. We
have heard the learned counsel appearing for the parties for
withdrawal.
5. Considering
the facts and circumstances, out of the amount which may be deposited
by the applicant as per the above referred order, the opponents
original claimants shall be entitled to withdraw 50% of the amount
and the remaining 50% of the amount shall be invested by the
Reference Court with the Nationalized Bank, initially for a period of
three years and such investment shall be renewable from time to time
until the appeals are finally disposed of. The FDR shall be drawn on
the name of Nazir of the concerned Court. The applications allowed
to the aforesaid extent. Rule made absolute.
(JAYANT PATEL, J.)
(BANKIM.N.MEHTA, J.)
shekhar/-
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