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CA/13526/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 13526 of 2007
In
FIRST
APPEAL No. 5003 of 2007
=========================================================
UNITED
INDIA INSURANCE CO LTD - Petitioner(s)
Versus
KAUSHIK
AMBALAL BHRAMBHATT & 5 - Respondent(s)
=========================================================
Appearance
:
MR
RAJNI H MEHTA for
Petitioner(s) : 1,
MS
AMRITA AJMERA for
Respondent(s) : 1,
DELETED
for Respondent(s) : 2,
RULE
SERVED BY DS for
Respondent(s) : 3,
RULE
SERVED for
Respondent(s) : 4
- 6.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 19/09/2008
ORAL
ORDER
1. Heard
learned advocate Mr.Parikh for applicant ? Insurance Co. and
learned advocate Ms.Amrita Ajmera for respondent No.1.
2. Learned
advocate Mr.Parik for the applicant ? Insurance Co. submitted that
amount together with cost and interest has been deposited with the
claims Tribunal, Nadiad. According to him, total amount deposited
comes to Rs.3,57,628/-. He also submitted that at present, respondent
No.1 claimant is residing at USA. That fact is not disputed by
learned advocate Ms.Ajmera. However, learned advocate Mr.Pparikh
submitted that some reasonable amount may be dibursed in favour of
respondents claimants.
3. In
view of the above submissions, the claims Tribunal is directed to pay
Rs.1 lac to respondent No.1 ? Kaushik Ambalal Brambhatt by account
payee cheque and rest of the amount be invested in any nationalized
bank with cumulative interest with periodical renewal in the name of
respondents claimants but, FDRs shall remain with the Nazar of claims
Tribunal and respondents claimants are not entitled any amount of
interest till the appeal is decided by this Court. Accordingly, Rule
is made absolute.
(H.K.RATHOD,J.)
(vipul)
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