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FA/441/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 441 of 2009
With
CIVIL
APPLICATION No. 1076 of 2009
=========================================================
ORIENTAL
INSURANCE CO LTD - Appellant(s)
Versus
PRAJAPATI
CHARULATA KISHORBHAI & 1 - Defendant(s)
=========================================================
Appearance
:
MR
KK NAIR for
Appellant(s) : 1,
None for Defendant(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 05/02/2009
ORAL
ORDER
Heard
learned advocate Mr. KK Nair on behalf of appellant.
Considering
submission. Appeal is Admitted.
ORDER
IN CIVIL APPLICATION NO. 1076/2009
Rule
returnable on 13/3/2009.
Meanwhile,
ad interim relief in terms of para 5(A) on condition that applicant
insurance company shall have to deposit entire awarded amounts
together with costs and interest before claims Tribunal, Bharuch on
or before returnable date.
After
realizing said amounts from insurance company, it is directed to
claims Tribunal, Bharuch to pay 30% amounts by A/c payee cheque to
Prajapati Charulata Kishorbhai and rest of amount is to be invested
in any Nationalized Bank with cumulative interest in the name of
respondent no. 1, but FDR is to be remained with Nazir of claims
Tribunal with periodical renewal till appeal is finally decided by
this Court. The respondent claimant is not entitled any amount of
interest upon said FDR till appeal is finally decided by this Court.
(H.K.RATHOD,
J)
asma
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