(Per : HONOURABLE MR.JUSTICE C.L. SONI) By a separate order dated 11.4.2012 passed in Civil Application No.13539/2011, heirs of opponent no.1 deceased Anirudhsinh Bharatsinh Zala have already been brought on record.
In this Civil Application for stay, by order dated 7.9.2011, ad interim stay was granted on condition of depositing amount awarded by the tribunal with proportionate cost and interest. Learned advocate for the applicant stated before us that in response to the aforesaid order, applicant has deposited 50% share of amount awarded by the tribunal which comes to Rs.19,57,028/-.
The tribunal has provided disbursement of the awarded amount in the ratio of 60% : 40%. We however, are of the opinion that looking to the welfare of the minor, as also looking to the amount awarded by the tribunal, the interest of justice would be served, if the claimants are permitted to withdraw 20% of the amount deposited by the applicant. Accordingly, we direct the tribunal to disburse 20% of the amount deposited by the applicant herein in favour of the claimants and remaining 80% shall be invested in Fixed Deposits in any nationalized bank initially for a period of five years to be renewed from time to time till the appeal is finally decided. We further direct that the claimants shall be permitted to withdraw the periodical interest on such Fixed Deposits.
F.D.R.
shall be kept with Nazir of the tribunal.
With this above direction, stay is confirmed. Application is allowed and disposed of. Rule made absolute to above extent.
(Akil Kureshi,J.) (C.L.
Soni,J.) (raghu) Top