Allahabad High Court
U.P. State Road Transport Corporation vs Smt. Omwati And Others on 19 July, 2010
Court No. - 40 Case :- FIRST APPEAL FROM ORDER No. - 1894 of 2010 Petitioner :- U.P. State Road Transport Corporation Respondent :- Smt. Omwati And Others Petitioner Counsel :- V.C. Dixit Hon'ble Satya Poot Mehrotra,J.
Hon'ble Shyam Shankar Tiwari,J.
Order on Appeal Admit.
Issue notice.
Notice will be issued to the respondents by Registered Post A.D. fixing the next date fixed in the matter.
Order on Stay Application Issue notice.
Notice will be issued to the respondents by Registered Post A.D. fixing the next date fixed in the matter.
Requisite steps will be taken within three weeks. Heard on the question of grant of interim relief. Having regard to the facts and circumstances of the case and having considered the submissions made by Shri VC. Dixit, learned counsel for the appellant, it is directed that the operation of the impugned Award dated 3.3.2010 will remain stayed until further orders of the Court, provided within six weeks from today, the appellant deposits the entire amount awarded under the impugned Award together with interest thereon before the Motor Accidents Claims Tribunal, Agra.
The amount so deposited by the appellant will be paid/invested as per the directions given by the Tribunal in the impugned Award.
The amounts invested in Fixed Deposits as per the directions given by the Tribunal in the impugned Award, will not be permitted to be withdrawn by the claimants-respondents without leave of this Court. However, 50% of the periodical interest accruing on such Fixed Deposits will be permitted to be withdrawn by the concerned claimants-respondents as and when the same accrues. Balance 50% of the periodical interest accruing on such Fixed Deposits, will continue to be reinvested in the respective Fixed Deposits.
The amount of Rs. 25,000/- deposited by the appellant while filing the present Appeal, will be remitted to the Tribunal for being adjusted towards the deposit to be made by the appellant, as directed above.
In the event of default on the part of the appellant in making the deposit as directed above, this interim order will stand automatically vacated.
Counter Affidavit and Rejoinder Affidavit may be exchanged between the parties by the next date fixed in the matter.
List on 4.3.2011.
Order Date :- 19.7.2010 Ajeet