Gujarat High Court Case Information System
Print
CA/10895/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 10895 of 2010
In
FIRST
APPEAL No. 2687 of 2010
=========================================
UNITED
INDIA INSURANCE COMPANYLTD - Petitioner(s)
Versus
SAVITA
CHANDRASHEKHAR MALLAYA - Respondent(s)
=========================================
Appearance :
MR
GC MAZMUDAR and MR HG MAZMUDAR for the applicant.
MR PARESH M
DARJI for the Respondents.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE V. M. SAHAI
Date
: 20/01/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
Learned
advocate Mr.Paresh Darji states that he has instructions to appear
for respondent nos. 1/1 and 1/2. He shall file his appearance for
respondent no. 1/2.
2. Heard.
Ad-interim relief granted earlier by order dated 29th November,2010
is made interim relief subject to following directions:
(1) The
Tribunal has awarded Rs.29,76,680/- by way of compensation. The
appellant challenged the award to the extent of Rs. 15 lacs. A total
amount of Rs. 49,23,345/- has been deposited by the appellant
pursuant to the award which is in addition to Rs. 50,000/- paid
earlier by way of no fault liability.
(2) Out
of the amount deposited, an amount of Rs. 25 lacs shall be placed in
cumulative fixed term deposit in any nationalised bank in the name
of the Nazir of the District Court initially for a period of five
years to be renewed thereafter for a period of one year from time to
time till final disposal of the Appeal or till further order that may
be passed by this Court.
Out
of the remaining amount, an amount of Rs. 21 lacs shall be placed in
fixed deposit in equal amount between the two claimants with any
nationalised bank by way of term deposit for a period of five years
to be renewed thereafter for a period of one year from time to time
till final disposal of the Appeal or till further order that may be
passed by this Court. The fixed term deposit receipt shall be kept in
the custody of the Nazir of the Court and shall not be pledged or
used for raising any fund. The periodical interest that may accrue
thereon shall be paid to the claimants.
The
remaining amount shall be paid to the claimants in equal amount
between the two claimants by cross account payee cheques. Rule made
absolute.
(A.L.Dave,J)
(V.M.Sahai,J)
***vcdarji
Top