Gujarat High Court High Court

Mohmadbhai vs Harunbhai on 21 October, 2010

Gujarat High Court
Mohmadbhai vs Harunbhai on 21 October, 2010
Author: S.R.Brahmbhatt,&Nbsp;
   Gujarat High Court Case Information System 

  
  
    

 
 
    	      
         
	    
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CA/12782/2010	 2/ 2	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

CIVIL
APPLICATION - FOR ORDERS No. 12782 of 2010
 

In


 

CIVIL
APPLICATION - FOR STAY No. 1389 of 2010
 

In
 


FIRST
APPEAL No. 227 of 2010
 

 
=========================================================


 

MOHMADBHAI
GANDABHAI   Applicant 

 

Versus
 

HARUNBHAI
GANDABHAI & 3 - Respondents
 

=========================================================
Appearance : 
MR
MTM HAKIM for
Applicant : 1, 
None for Respondents : 1 - 3. 
MR GC MAZMUDAR for
Respondent:
4, 
=========================================================


 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE S.R.BRAHMBHATT
		
	

 

 
 


 

Date
: 21/10/2010 

 

 
 
ORAL
ORDER

Rule.

Mr. Mazmudar, learned advocate waives service of Rule on behalf of
respondent no.4- Insurance Company. By consent, rule is fixed
forthwith.

The
applicant-original claimant respondent in First Appeal has taken out
this Civil Application seeking appropriate order with regard to
disbursement of the amount awarded. As per the say of counsel for
the applicant, total amount of Rs.1,92,292/- has been deposited by
the appellant before the Tribunal. Out of which, as per the original
order of disbursement of 30% is to be made.

Learned
counsel for the respondent no.4 herein Insurance Company has
resisted the Civil Application and submitted that the court may pass
the appropriate order taking care of the Insurance Company.

Looking
to the facts and circumstances of the case, the claimants are
permitted to withdraw 30% of the amount deposited on proper
verification. The said withdrawal, however, be subject to result of
First Appeal. The remaining 70% amount shall be deposited in any
nationalized bank initially for a period of 5 years, which may be in
nature of accruing cumulative interest, and interest accrued
thereon shall be subject to final result of First Appeal.

Civil
Application is disposed of accordingly. Rule is made absolute to the
aforesaid extent. No costs.

(S.R.BRAHMBHATT,
J.)

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