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MCA/2344/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR REVIEW No. 2344 of 2008
In
CIVIL
APPLICATION No. 8182 of 2006
In
FIRST APPEAL No. 3105 of 2005
=========================================================
SHRI
TASIR JALIL AHMED SHAH - Applicant(s)
Versus
NATIONAL
INSURANCE COMPANY LIMITED & 2 - Opponent(s)
=========================================================
Appearance :
MS
TANUJA KACCHI FOR MR PN BAVISHI
for Applicant(s) : 1,
1.2.1, 1.2.2,1.2.3
MS SHRUTI PATHAK FOR MS MEGHA JANI for
Opponent(s) : 1,
None for Opponent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 04/10/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
The
present application for review is directed against the order dated
19.07.2006 passed by this Court in Civil Application No.9725/05,
whereby the direction was given to invest 80% of the amount and 20%
of the amount was permitted to be withdrawn.
Considering
the facts and circumstances, it appears that the Court had exercised
the discretion and the order for investment and withdrawal was
passed. There is no valid ground for review of the order. It may
also be recorded that the application was made in the year 2006 and
the application has remained pending for about four years. Same
circumstance would not prevail as has been canvassed in the present
application. Therefore, no case is made out for review. Further, it
is observed that if any other ground on account of medical expenses
or otherwise exist, the present order shall not operate as a bar.
Application
disposed of accordingly.
(JAYANT
PATEL, J.)
(H.B.
ANTANI, J.)
*bjoy
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