Gujarat High Court
Deputy Chief Executive Engineer vs Lilaji Ranchhodji Thakore on 5 March, 2018
Author: S.R.Brahmbhatt
Bench: S.R.Brahmbhatt, A.G.Uraizee
C/FA/2355/2017 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST APPEAL NO. 2355 of 2017
With
CIVIL APPLICATION NO. 1 of 2017
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DEPUTY CHIEF EXECUTIVE ENGINEER
Versus
LILAJI RANCHHODJI THAKORE
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Appearance:
MR KM PARIKH for the PETITIONER
MR A.V. PRAJAPATI ADVOCATE for the RESPONDENT No.1
MS JIRGA JHAVERI AGP for the RESPONDENT No.2
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CORAM: HONOURABLE MR.JUSTICE S.R.BRAHMBHATT
and
HONOURABLE MR.JUSTICE A.G.URAIZEE
Date : 05/03/2018
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE S.R.BRAHMBHATT) Order in First Appeal Admit.
Order in Civil Application
1. Rule. Mr. A.V. Prajapati, learned advocate waives service of notice of Rule on behalf of respondent no.1 and Ms. Jhaveri, learned AGP waives service of notice of Rule on behalf of respondent no.2.
2. In the facts and circumstances of the case and with the consent of learned advocates appearing Page 1 of 2 C/FA/2355/2017 ORDER on behalf of the parties, present application is taken up for final hearing today.
3. The impugned award is stayed by this Court on condition that the applicant herein shall deposit the entire amount of compensation together with interest, costs and other statutory benefits, as awarded by the trial Court, with the trial Court within a period of four weeks from today. On such deposit the original claimant shall be entitled to withdraw 50% of the amount so deposited to be paid to the original claimant by Account Payee Cheque on proper identification and verification by the trial Court. The remaining 50% of the amount shall be deposited in Fixed Deposit in the name of Nazir of the trial Court initially for a period of three years in any Nationalized Bank with cumulative interest and the same shall be renewed from time to time till final disposal of the main First Appeals.
4. Application is allowed to the aforesaid extent. Rule made absolute accordingly.
(S.R.B.,J.) (A.G.U.,J.) PANKAJ Page 2 of 2