Gujarat High Court
Heirs Of Chothabhai Punjabhai Kukadiya vs Pathan Azizkhan Habibullakhan & on 10 May, 2013
Author: Jayant Patel
Bench: Jayant Patel
HEIRS OF CHOTHABHAI PUNJABHAI KUKADIYA....Applicant(s)V/SPATHAN AZIZKHAN HABIBULLAKHAN C/MCA/701/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD MISC.CIVIL APPLICATION (FOR DIRECTION) NO. 701 of 2013 In CIVIL APPLICATION NO. 6177 of 2010 In FIRST APPEAL NO. 2646 of 2003 With MISC.CIVIL APPLICATION NO. 702 of 2013 In CIVIL APPLICATION NO. 6176 of 2010 ============================================================== HEIRS OF CHOTHABHAI PUNJABHAI KUKADIYA....Applicant(s) Versus PATHAN AZIZKHAN HABIBULLAKHAN & 5....Opponent(s) ============================================================== Appearance: MR PJ YAGNIK, ADVOCATE for the Applicant(s) No. 1,1.1,1.2,1.4,1.6,1.8,1.1.1,,,,,,1.1.2,1.9,1.7,1.5,1.3 MR RAJNI H MEHTA, ADVOCATE for the Opponent(s) No. 4 ============================================================== CORAM: HONOURABLE MR.JUSTICE JAYANT PATEL and HONOURABLE SMT. JUSTICE ABHILASHA KUMARI Date : 10/05/2013 ORAL ORDER
(PER :
HONOURABLE MR.JUSTICE JAYANT PATEL) We have heard Mr. Yagnik for the applicant and Mr.Parikh for Mr.Mehta for respondent no.4(main contesting party).
Considering the facts and circumstances, it appears that the order of disbursement of the interest is already passed. However, for one of the person, there is no authority of the Power of Attorney.
It has been stated that there are 11 sharers of the compensation excluding sub-sharers of 1/11. Therefore, we find it proper to observe that the amount which may be required to be disbursed will be divided into 11 equal shares and out of those each share, the amount will be disbursed to the Power of Attorney to the extent he is representing that particular share. If authority of applicant no.1/8 Mr.Gordhanbhai Chothabhai Kukadia is not there, his amount shall continue to remain as invested separately. For the remaining, if authority is produced, the amount of interest may be disbursed.
It is also observed that if respondent no.1/8 Mr.Gordhanbhai Chothabhai Kukadia is desirous to withdraw the amount separately he shall be at the liberty to withdraw the amount after production of his proof of identity and bank account.
Applications disposed of accordingly. D.S. permitted.
(JAYANT PATEL, J.) (SMT. ABHILASHA KUMARI, J.) bjoy Page 2 of 2