(Per : HONOURABLE MR.JUSTICE AKIL KURESHI)
1. Previously, on 25.8.2011, applicants were required to deposit an amount of Rs.5,00,000/- before the Claims Tribunal. It is stated that such amount was deposited and the same has also been permitted to be withdrawn by the claimant.
2. Counsel for the parties pointed out that the Claims Tribunal had passed a decree of Rs.16,81,200/- with interest at the rate of 7.5 % per annum from the date of the claim petition till realization. Learned advocate for the claimant submitted that the claimant is totally bedridden since more than six years since the date of the accident.
3. Under the circumstances, stay is confirmed on condition that the applicants deposit further amount of Rs.5,00,000/- before the Claims Tribunal latest by 31st May 2012. Upon such deposit, it would be open for the claimant to move this Court for disbursement of the part of the amount.
4. It is clarified that if such further amount is not deposited within the time permitted, stay granted previously shall stand automatically vacated. If such amount is deposited before the Claims Tribunal, the Claims Tribunal shall proceed to invest in Fixed Deposit Rs.1,00,000/- each separately, initially for a period of six months and continue to revise such investment awaiting further order from this Court.
5. Civil Application is disposed of. Rule is made absolute accordingly.
(AKIL KURESHI, J.) (C.L.
SONI, J.) omkar Top