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SCA/9174/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 9174 of 2008
With
SPECIAL
CIVIL APPLICATION No. 9175 of 2008
=========================================================
THE
NEW INDIA ASSURANCE COM LTD - Petitioner(s)
Versus
SUPERINTENDENT
ENGINEER & 3 - Respondent(s)
=========================================================
Appearance
:
MR
VIBHUTI NANAVATI for
Petitioner(s) : 1,
MR HRIDAY BUCH for Respondent(s) : 1,
None
for Respondent(s) : 2 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
Date
: 11/07/2008
ORAL
ORDER
In
both the petitions the challenge of the petitioner are against the
award passed by the tribunal on various contentions including that
the tribunal has committed an error in recording of the evidence,
the date fixed was different than the date on which the order was
pronounced etc.
Mr.
Nanavati learned Counsel for the petitioner states that as the
remedy of first appeal is available, the petitioner would resort to
such remedy. However, he submitted that the execution application is
filed, and the matter is kept today, and if the interim protection
is not granted, the petitioner may be required to deposit the
amount, and the tribunal may disburse the amount to the claimant.
Therefore, it was submitted that some reasonable time may be given
to the petitioner to enable him to prefer an appeal, and the
petitioner shall deposit the amount, but the withdrawal may not be
permitted for a period of one week.
Considering
the facts and circumstances, it appears that the proper remedy for
the petitioner is to prefer an appeal. With a view to see that
irreversible situation may not arise, the petitioner if desirous,
may prefer an appeal. If the execution proceedings are filed, the
tribunal shall be at the liberty to insist for deposit of the
amount, but the withdrawal shall not be permitted for a period of
one week from today. It is clarified that rights of the parties
shall be governed by the order, which may be passed ultimately by
this Court in the proceedings of first appeal. It is also clarified
that if the appeal is not preferred or appropriate orders are not
obtained within one week, the tribunal shall be at the liberty to
pass appropriate orders.
Disposed
of accordingly.
(JAYANT PATEL, J.)
Suresh*
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