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2003 Supreme(Guj) 155

DEV KANT TRIVEDI, K.M.MEHTA
GUJARAT ELECRICITY BOARD – Appellant
Versus
HASMUKHBHAI M. BORAD DINESHBHAI MOHANLALBORAD – Respondent


Advocates Appeared: M.B.Parikh, R.V.Acharya

D. K. TRIVEDI, J.

( 1 ) HEARD Ms. Acharya, learned advocate for the applicant and Mr. Parikh, learned counsel for the respondent - original plaintiff. Ms. Acharya, learned advocate, has submitted that in view of the order passed by this court, the applicant Gujarat Electricity Board has deposited a sum of Rs. 02,91,000. 00 with the trial court. Mr. Parikh, learned counsel for the respondent, has submitted that since the amount is deposited, the respondent - original plaintiff be permitted to withdraw the said amount for which he will furnish security to the satisfaction of the trial court. It is also brought to our notice that the respondent - original plaintiff has filed suit against the appellant Gujarat Electricity Board before the court of the learned Civil Judge (S. D.), Rajkot at Dhoraji as heir of the deceased Mohanlal Dayabhai Borad, father of the plaintiff, claiming compensation of Rs. 1,00,000. 00 (Rupees one lakh ). The present suit was filed by the respondent as heir of deceased Harsukhbhai M. Borad who was the brother of the plaintiff who died due to electrocution on 15. 7. 1994 along with his father Shri Mohanlal Dayabhai Borad. As found from the judgement that the res



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