(PER : HONOURABLE MR.JUSTICE JAYANT PATEL) Rule.
Learned Advocate Mr. Sheth appears and waives Notice of Rule on behalf of the respondents original claimants.
The present applications are for interim injunction pending the First Appeals against the Judgment and the Award passed by the Reference Court, which is impugned in the concerned First Appeal.
Considering the facts and circumstances, there shall be interim injunction against the execution and implementation of the Judgment and the Award passed by the Reference Court on condition that the applicant deposits the entire awarded amount together with cost and interest with the Reference Court within a period of 6 weeks from today.
We heard learned Counsel appearing for the applicant and the learned Counsel for the original claimants on the aspect of withdrawal.
Considering the facts and circumstances, out of the amount, which may be deposited, the original claimant shall be permitted 50% amount and the remaining amount of 50 % shall be invested by the Reference Court in Fixed Deposit with any nationalized Bank, initially for 1 (one) year, and then the same shall be renewed from time to time till the final disposal of the First Appeals. The original F.D.R. shall be retained with the custody of Nazir Department of the Reference Court. Order accordingly.
Rule made absolute accordingly. Applications disposed of.
(JAYANT PATEL, J.) (Z.K.SAIYED, J.) SAS Page 2 of 2