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2023 Supreme(Online)(Guj) 1254

IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
GG
DIVISIONAL MANAGER GUJARAT STATE ROAD TRANSPORT CORPORATION – Appellant
Versus
RAMPRAKASH MATAFER – Respondent



Petitioner Advocates:MR TANMAY B KARIA(6833) ,Respondent Advocate: MR VISHAL C MEHTA(6152)

NEUTRAL CITATION
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD [On note for speaking to minutes of order dated 17/08/2023 in R/FA/1586/2023 ]

CIVIL APPLICATION (FOR STAY) NO. 1 of 2023 In R/FIRST APPEAL NO. 1586 of 2023 ==========================================================

DIVISIONAL MANAGER GUJARAT STATE ROAD TRANSPORT CORPORATION Versus RAMPRAKASH MATAFER ==========================================================

Appearance:

MR TANMAY B KARIA(6833) for the PETITIONER(s) No. 1 MR VISHAL C MEHTA(6152) for the RESPONDENT(s) No. 1,2 ==========================================================

CORAM:HONOURABLE MS. JUSTICE GITA GOPI Date : 01/09/2023

IA ORDER

1. Perused the note for speaking to minutes.

2. It is submitted that while passing the order of disbursement on 17.08.2023 in Civil Application No.1 of 2023 in First Appeal No.1586 of 2023, the order as regards the interest accrued on FDR was directed to be accumulated, thus, submits that the same was permitted to be

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withdrawn by the claimants periodically. 3. In view of the above, in 14th line of paragraph no.2 of order dated 17.08.2023 passed in Civil Application No.1 of 2023 in First Appeal No.1586 of 2023, the words ‘shall be accumulated’ are substituted and be read as “shall be permitted to be withdrawn by the claimants periodically”. It is also clarified that in 17th line of paragraph no.2 of the same order, the words ‘along with accumulated interest’ be deleted.

4. In view of above, clarification, the note for speaking to minutes is disposed of.

(GITA GOPI,J)

Pankaj

NEUTRAL CITATION
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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL APPLICATION (FOR STAY) NO. 1 of 2023 In R/FIRST APPEAL NO. 1586 of 2023 ==========================================================

DIVISIONAL MANAGER GUJARAT STATE ROAD TRANSPORT CORPORATION Versus RAMPRAKASH MATAFER ==========================================================

Appearance:

MR TANMAY B KARIA(6833) for the PETITIONER(s) No. 1 MR VISHAL C MEHTA(6152) for the RESPONDENT(s) No. 1,2 ==========================================================

CORAM:HONOURABLE MS. JUSTICE GITA GOPI Date : 17/08/2023

IA ORDER

1. It is submitted that, the applicant has deposited the awarded amount before the Tribunal concerned in compliance to the earlier order. In view of the above, the interim relief granted earlier shall continue till the final disposal of the main First Appeal.

2. Out of the amount so deposited by the applicant, the Tribunal concerned is directed to disburse 30% thereof in favour of the original

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claimant/s, by Account Payee cheque, after due verification; the remaining 70% shall be invested in Fixed Deposit with any nationalized Bank in the name of the original claimant/s, initially, for a period of two years, which may be renewed from time to time, without any reference to this Court. The Bank concerned shall not allow any loan or advance or create encumbrance upon such Fixed Deposit without prior permission of the Tribunal. Interest accruing on such Fixed Deposit shall be accumulated. The original Fixed Deposit Receipt shall be kept in the custody of the Nazir of the Tribunal. Orders regarding disbursement of the Fixed Deposit along with accumulated interest shall be passed at the time of final disposal of the First Appeal. The Civil Application stands disposed of accordingly. Rule is made absolute.

(GITA GOPI,J)

Pankaj

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