Admit.
(K.S.
JHAVERI, J.) ORDER IN CIVIL APPLICATION
1. Rule returnable on 27.02.2012.
2. Heard the learned counsel for the parties. Even if the contention as raised by the learned advocate for the applicant is accepted, the claimants shall be entitled to compensation amount of Rs. 2,67,000/- as far as quantum is concerned.
3. In the meantime, ad-interim relief in terms of para 3 (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. Out of the amount deposited, the claimants shall be at liberty to withdraw 30% of amount subject to the result of the first appeal.
4. Out of the balance amount of 70%, the amount after deducting Rs. 267000/- from Rs. 399000/- which comes to Rs. 132000/- alongwith 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 accumulated and added to the fixed deposit.
5. The balance amount after deducting Rs. 132000/- alongwith proportionate interests and costs from the 70% of amount alongwith proportionate interest shall be invested by the Tribunal in the name of Registry of the Tribunal by way of another separate 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 same shall be paid quarterly to the original claimants. Both the Fixed Deposit Receipts shall be retained by the Tribunal.
(K.S. JHAVERI, J.) Divya// Top