IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL APPLICATION (FOR WITHDRAWAL/DISBURSEMENT OF AMOUNT)

NO. 2 of 2025 In R/FIRST APPEAL NO. 2928 of 2025 ==========================================================

MITESH UTTAMBHAI PATEL Versus UNION OF INDIA ==========================================================

Appearance:

MR RATHIN P RAVAL(5013) for the PETITIONER(s) No. 1 MR HARSHEEL D SHUKLA(6158) for the RESPONDENT(s) No. 1 ==========================================================

CORAM:HONOURABLE MRS. JUSTICE M. K. THAKKER Date : 18/12/2025

IA ORDER

1. Rule. Learned advocate Mr. Harsheel Shukla waives service of notice of Rule on behalf of respondent No.1.

2. Heard learned advocate Mr. Rathin Raval for the petitioner and learned advocate Mr. Harsheel Shukla for the respondent.

3. Learned advocate Mr. Rathin Raval submits that the amount awarded by the learned Tribunal has been deposited before the learned Commissioner. He further submits that the accident occurred in the year 2024 and, till date, the applicant–original claimant has not received any portion of the award. Learned advocate for the applicant submits that the applicant has already deposited 100% of the awarded amount.

4. This application is opposed by learned advocate Mr.

Harsheel Shukla.

5. Having considered the submissions advanced by the learned advocates for the respective parties and upon examination of the issues involved, this Court deems it appropriate to direct that the Tribunal shall release 30% of the deposited award amount in favour of the original claimant, after due verification, through a recognized RTGS/NEFT mode. The remaining 70% of the deposited award amount shall be invested in a Fixed Deposit with any nationalized bank initially for a period of five years, which may be renewed from time to time until the final disposal of the appeal.

5.1. The original Fixed Deposit Receipts shall be retained by the Nazir Branch of the concerned Tribunal. It is further directed that no loan or advance against the aforesaid Fixed Deposits shall be permitted without the prior permission of this Court, however, the original claimant shall be entitled to receive the periodical interest accruing on such Fixed Deposits.

6. With these observations, Civil Application stands disposed of. Rule is made absolute.

(M. K. THAKKER,J)

NIVYA A. NAIR