Dy Chief Engineer (Construction) ... vs Kalmi Matabhai Mahejibhai

DY CHIEF ENGINEER (CONSTRUCTION) WESTERN RAILWAY, RATLAM Versus KALMI MATABHAI MAHEJIBHAI ========================================================== Appearance:

MS ARCHANA U AMIN for the PETITIONER(s) No. KURVEN K DESAI for the RESPONDENT(s) No. MS.DILBUR CONTRACTOR for the RESPONDENT(s) No. RULE SERVED for the RESPONDENT(s) No. UNSERVED EXPIRED (R) for the RESPONDENT(s) No. VIDIT S SHARMA for the RESPONDENT(s) No. MR TIRTHRAJ PANDYA, AGP for Respondent Nos.1 and 2 ========================================================== CORAM:HONOURABLE MR. JUSTICE R.M.CHHAYA and HONOURABLE MR. JUSTICE ILESH J. VORA Date : 24/07/2020 IA ORDER (PER : HONOURABLE MR. JUSTICE R.M.CHHAYA)

1. Heard learned counsel for the parties through Video Conferencing.

2. By this application, the applicant - original appellant (Acquiring Body) has prayed for stay of the award passed by the Reference Court.

3. This Court (Coram : Hon'ble Mrs. Justice Bela M. Trivedi and Hon'ble Mr. Justice V.P.Patel) vide order dated 18.09.2019 had passed the following order:

"1. Rule returnable after eight weeks.

2. Having regard to the facts and circumstances of the case, the execution of the impugned judgment dated 30.01.2019 is Page 1 of 2 Downloaded on : Sat Jul 25 00:38:38 IST 2020 C/FA/3228/2019 IA ORDER stayed subject to the condition that the applicant - appellant shall deposit the entire awarded amount before the Reference Court within eight weeks. The order of disbursement and/or investment shall be passed after the deposit is made."

4. Learned counsel appearing for the respective parties jointly submitted that, as per the aforesaid order, the applicant has deposited the amount as awarded by the Reference Court. Mr. Vidit Sharma, learned counsel for the opponents - claimants states that, appropriate order for disbursement be passed.

4. In the facts of the case, Reference Court is hereby directed to disburse 50 % amount as awarded by the Reference Court amongst the opponents after due verification, on giving their personal undertaking and remaining 50 % of the amount be invested in cumulative Fixed Deposit in any Nationalized Bank initially for a period of 3 years and shall be renewed thereafter till final disposal of the main appeal. The original FDR be retained by the Nazir Department of the Reference Court. Stay granted vide order dated 18.09.2019 stands confirmed and shall continue till final disposal of the main appeal.

5. Present Civil Application is allowed. Rule is made absolute to the aforesaid extent. However, there shall be no order as to costs.

(R.M.CHHAYA, J) (ILESH J. VORA,J) ABDULVAHID A SHAIKH Page 2 of 2 Downloaded on : Sat Jul 25 00:38:38 IST 2020