Gujarat High Court
Executive Engineer, Deputy Chief ... vs Rabari Malabhai Kesharbhai on 29 November, 2018
Author: Mohinder Pal
Bench: Mohinder Pal, A.C. Rao
C/FA/4426/2018 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 4426 of 2018
With
CIVIL APPLICATION NO. 2 of 2018
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EXECUTIVE ENGINEER, DEPUTY CHIEF EXECUTIVE ENGINEER
Versus
RABARI MALABHAI KESHARBHAI
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Appearance:
MR KM PARIKH(575) for the PETITIONER(s) No. 1
ADVANCE COPY SERVED TO GOVERNMENT PLEADER/PP(99) for the
RESPONDENT(s) No. 2
MR AV PRAJAPATI(672) for the RESPONDENT(s) No. 1
DR VENUGOPAL PATEL AGP for the Respondent No.2
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CORAM:HONOURABLE MR.JUSTICE MOHINDER PAL
and
HONOURABLE MR.JUSTICE A.C. RAO
Date : 29/11/2018
COMMON ORAL ORDER
(PER : HONOURABLE MR.JUSTICE MOHINDER PAL) ORDER IN F.A. No.4426 OF 2018 ADMIT. Mr.A.V. Prajapati, learned advocate waives service of notice of admission on behalf of the respondent No.1
- original claimant and Dr.Venugopal Patel, learned AGP waives service of notice of admission on behalf of the respondent No.2 - State of Gujarat.
ORDER IN C.A. No.2 OF 2018 Page 1 of 3 C/FA/4426/2018 ORDER 1.00. RULE. Mr. A.V. Prajapati, learned advocate waives service of notice of Rule on behalf of the respondent No.1 - original claimant and Dr.Venugopal Patel, learned AGP waives service of notice of Rule on behalf of the respondent No.2 - State of Gujarat.
2.00. In the facts and circumstances of the case and with the consent of learned advocates appearing on behalf of the respective parties, present application is taken up for final hearing today.
3.00. Having heard the learned counsel for the respective parties and considering the facts and circumstances of the case and order dated 21/7/2017 passed in F.A. Nos.2441/2017 to 2492/2017 with C.A. Nos.8876/2017 to 8927/2017, execution, operation and implementation of the impugned Judgement and Award passed by the learned Reference Court
- learned Principal Senior Civil Judge, Patan in LAR No.138 of 2012 dated 11/5/2017 is hereby stayed on condition that the applicant herein - original appellant shall deposit the entire amount of compensation together with interest, costs and other statutory benefits, as awarded by the Reference Court, with the learned Reference 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 and same be paid to the original claimant by Account Payee Cheque on proper identification and verification by the learned Reference Court. The remaining 50% of the amount shall be deposited in Fixed Deposit in the name of Nazir of the Reference Court initially for a period of three years in any Nationalized Bank with cumulative interest and the same shall Page 2 of 3 C/FA/4426/2018 ORDER be renewed from time to time till final disposal of the main First Appeal.
4.00. Present Application is allowed to the aforesaid extent. Rule is made absolute accordingly.
sd/-
(MOHINDER PAL, J) sd/-
(A. C. RAO, J) RAFIK Page 3 of 3