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CA/5490/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR ORDERS No. 5490 of 2010
In
FIRST
APPEAL No. 2203 of 2005
=========================================================
LALITABEN
RAJUBHAI PATEL & 3 - Petitioner(s)
Versus
NATIONAL
INSURANCE CO LTD & 2 - Respondent(s)
=========================================================
Appearance
:
MR
SP MAJMUDAR for
Petitioner(s) : 1 - 4.MR PP MAJMUDAR for Petitioner(s) : 1 - 4.
MR
DAKSHESH MEHTA for Respondent(s) : 1,
None for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HON'BLE
SMT. JUSTICE ABHILASHA KUMARI
Date
: 16/07/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
The
present application has been preferred by the original claimant for
withdrawal of the amount pursuant to the order dated 8.8.2005 passed
in Civil Application No.6935 of 2005 and further confirmed on
5.12.2005.
It
appears that the appeal preferred by the Insurance Company, opponent
No.1 herein, is only to the extent of Rs.3,00,000/-. Therefore, the
interim stay granted earlier cannot be read to mean beyond the scope
of the appeal.
Further,
out of the amount already deposited, the original claimant would be
entitled to reasonable withdrawal pending the appeal.
Hence,
it is directed that out of the amount deposited by the insurance
company pending the appeal, the applicant-original claimant shall be
permitted to withdraw 20% of the amount and the remaining 80% shall
remain invested with the Tribunal, but the applicant original
claimant shall be entitled to the interest from time to time as and
when it becomes due.
So
far as the stay against the execution and implementation of the
award is concerned, it would be restricted to the subject matter of
the appeal and the other part or the execution for the amount which
is not the subject matter of the appeal, is not stayed. The earlier
order shall stand modified to the aforesaid extent.
The
application is disposed of accordingly.
(Jayant
Patel, J.)
16.7.2010 (Smt.
Abhilasha Kumari, J.)
vinod
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