ORDER IN FIRST APPEALS Admit.
(K.S.
JHAVERI, J.) ORDER IN CIVIL APPLICATION NO. 4289 OF 2012
1. Rule returnable on 18.06.2012.
2. Heard the learned counsel for the parties. Considering the impugned award, prima facie it appears that the income assessed is on higher side and ought to have been considered on the basis of notional income. Therefore, in the meantime, ad-interim relief in terms of para 5 (A) is granted on condition that the applicant shall deposit the amount awarded by the Tribunal alongwith proportionate interest and costs before the returnable date.
4. Out of the amount so deposited, an amount of Rs. 2,57,500/- along with proportionate interests and costs shall be invested by the Tribunal in the name of Registry of the Tribunal by way of a fixed deposit with a nationalised bank initially for a period of three years and on maturity shall be renewed by one year at a time without any further orders in this regard till the disposal of the appeal. The interest accruing on the said deposit shall be paid to the claimants quarterly.
4.1 The balance amount of Rs. 1,72,500/- alongwith proportionate interests and costs shall be allowed to be withdrawn by the original claimants.
5. The Fixed Deposit Receipt shall be retained by the Tribunal.
(K.S. JHAVERI, J.) ORDER IN CIVIL APPLICATION NO. 4290 OF 2012
1. Rule returnable on 18.06.2012.
2. Heard the learned counsel for the parties. Considering the impugned award, prima facie the compensation awarded is on higher side. Therefore, in the meantime, ad-interim relief in terms of para 5 (A) is granted on condition that the applicant shall deposit the amount awarded by the Tribunal alongwith proportionate interest and costs before the returnable date.
4. Out of the amount so deposited, 70% of the same being shall be invested by the Tribunal in the name of Registry of the Tribunal by way of a fixed deposit with a nationalised bank initially for a period of three years and on maturity shall be renewed by one year at a time without any further orders in this regard till the disposal of the appeal. The interest accruing on the said deposit shall be paid to the claimants quarterly.
4.1 The balance 30% amount shall be allowed to be withdrawn by the original claimants.
5. The Fixed Deposit Receipt shall be retained by the Tribunal.
(K.S. JHAVERI, J.) Divya//