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CA/5960/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 5960 of 2008
In
FIRST
APPEAL No. 2407 of 2008
=========================================================
ORIENTAL
INSURANCE COMPANY LTD THROUGH AUTHORISE SIGNATORY - Petitioner(s)
Versus
ZAYNUL
ABEDIN BHIKHUBHAI MIR & 2 - Respondent(s)
=========================================================
Appearance
:
MR
MAULIK J SHELAT for
Petitioner(s) : 1,
None for Respondent(s) : 1,
RULE SERVED for
Respondent(s) : 1.2.1, 1.2.2,1.2.3 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 15/07/2008
ORAL
ORDER
This
appeal is admitted by this Court on 12th May, 2008 and on
civil application, rule was made returnable on 15th July,
2008. While issuing rule, ad interim relief in terms of para 3(A)
was granted on condition of depositing with the tribunal amount due
under the impugned award . The amount deposited with this Court for
the purpose of appeal was ordered to be transmitted to the tribunal.
Learned
Advocate Mr. MJ Shelat for the appellant insurance company has,
under the instructions received from the Insurance Co., submitted
that the amount is deposited by the insurance company with the
claims tribunal. Rule is received by the respondents claimants but
they have not appeared before this court either in person or through
an advocate. Therefore, this application is decided in their absence
as this court is having no other option.
Considering
the fact that the claim tribunal has passed order of disbursement,
ad interim relief granted by this court on 12th May, 2008
is confirmed on a condition that the claims tribunal shall have to
disburse the amount to the respondents claimants as per h is
direction issued in the award in question dated 11th
December, 2007 and 70 per cent of the amount is to be invested in
the FDRs with cumulative interest with periodical renewal in the
name of the claimant and original FDRs shall remain with the Nazir
of the Claims Tribunal concerned till the appeal is finally heard
and decided by this court.
Tribunal
is directed to disburse 30 per cent amount with accrued interest to
the respondents claimants by account payee cheque in their names.
Rule is made absolute in terms indicated hereinabove with no order
as to costs.
(H.K.
Rathod,J.)
Vyas
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