ADMIT.
[K.S.
JHAVERI, J.] ORDER IN CIVIL APPLICATION Rule returnable on 12.03.2012.
Ad-interim relief in terms of para 7[A] on condition that the applicant deposits the entire decretal amount before the Tribunal concerned. Out of the amount deposited with the Tribunal concerned, 70% amount shall be invested in Fixed Deposit with any nationalized bank, initially, for a period of one year, which shall be renewed from time to time, without any further orders in that regard from this Court. The quarterly interest accruing on such deposit shall be paid to the original claimants on regular basis. The FDR shall be retained by the 'Nazir' of the Tribunal concerned. The balance 30% (thirty) amount shall be permitted to be withdrawn by the original claimants, by "account payee" cheque, after proper verification.
It is however, clarified that 70% amount shall be permitted to be withdrawn by the original claimants after a period of five years and if the applicant succeeds in the appeal, then it will be open for the applicant to recover the same from the owner of the vehicle. The aforesaid order is passed with a view to see that the claimants are not dragged in the First Appeal.
[K.
S. JHAVERI, J.] /phalguni/ Top