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CA/16255/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR INTERIM RELIEF No. 16255 of 2010
In
FIRST
APPEAL No. 4835 of 2010
======================================
ORIENTAL
INSURANCE CO LTD - Petitioner
Versus
VIJAY
HIMATLAL DANGI & 4 - Respondents
======================================
Appearance :
MR
KK NAIR for the Petitioner.
MR RAXIT J DHOLAKIA for Respondent(s)
: 1,
RULE NOT RECD BACK for Respondent(s) : 2 - 3.
RULE SERVED
for Respondent(s) : 4 - 5.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 03/02/2011
ORAL
ORDER
1. The
present application has been preferred by the applicant –
original Opponent No.5 – The Oriental Insurance Company Limited
for interim relief to stay further execution, implementation and
operation of the impugned judgement and award passed by Motor
Accident Claim Tribunal, Ahmedabad (Rural) in Motor Accident Claim
Petition No.93/1999. While issuing Rule in the present application,
learned Single Judge passed following order granting ad-interim
relief on 22/12/2010 :
“Rule
returnable on 1st
February 2011.
Stay
of the impugned award qua applicant on condition that the applicant
Insurance company shall
deposit 50% of its liability as per the judgment on or before
returnable date. On such deposit being made the claimant shall be
permitted to withdraw 15% of the said amount and the remaining
amount shall be invested with
a nationalised bank initially for a period of three years, and on
maturity shall be renewed by one year at a time without any
further orders in this regard till the disposal of the appeal. The
periodical interest that may be accrued on the said deposit shall
be paid to the original claimants. The FDR shall be retained with
Nazir of the Tribunal.”
3. Considering
the above and having heard learned advocates appearing on behalf
of the respective parties, ad-interim relief granted earlier by
this Court vide order dated 22/12/2010 as reproduced hereinabove, is
hereby directed to be continued till final disposal of the main First
Appeal on the same terms and conditions. Rule is made absolute
accordingly. No costs.
[M.R.SHAH,J]
*dipti
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