Gujarat High Court
Koli Lakhman Bhana vs State Of Gujarat & on 27 January, 2015
Author: Akil Kureshi
Bench: Akil Kureshi, Sonia Gokani
C/CA/666/2015 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR ORDERS) NO. 666 of 2015
In FIRST APPEAL NO. 3364 of 2013
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KOLI LAKHMAN BHANA....Applicant(s)
Versus
STATE OF GUJARAT & 1....Respondent(s)
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Appearance:
MR TUSHAR L SHETH, ADVOCATE for the Applicant(s) No. 1
MR RUTVIJ OZA AGP for the Respondent(s) No. 1 - 2
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CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI
and
HONOURABLE MS JUSTICE SONIA GOKANI
Date : 27/01/2015
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE AKIL KURESHI) The applicant, original claimant seeks release of further sum of Rs.82,454/- out of the compensation amount deposited by the respondent-authorities before the reference Court. This amount is 50% of a sum of Rs.1,65,074/- separately deposited towards tax liability which though calculated but not deducted. Case of the applicant is that as per the Certificate of the Income Tax Department dated 17.6.2014, produced at Annexure-B to this application, the applicant has no such tax liability.
Be that as it may. It is undisputed that while Page 1 of 2 C/CA/666/2015 ORDER admitting the appeal of the State against the compensation awarded by the reference Court, this Court has released 50% of the compensation amount in favour of the claimant. The remaining 50% is ordered to be invested pending appeal. It is equally undisputed that of the entire amount of compensation deposited by the State Government, the applicant has received 50% inclusive of 50% of the possible TDS component. That being the position, no further amount can be released at this stage. Such amount if not already invested shall be invested in Fixed Deposit in any nationalized Bank pending appeal. This application is disposed of accordingly.
(AKIL KURESHI, J.) (MS SONIA GOKANI, J.) ashish Page 2 of 2