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CA/10140/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 10140 of 2008
=========================================================
NEW
INDIA ASSURANCE CO LTD THROUGH - Petitioner(s)
Versus
VALJIBHAI
CHHAGANBHAI JOSHI & 4 - Respondent(s)
=========================================================
Appearance
:
MR
VIBHUTI NANAVATI for
Petitioner(s) : 1,
None
for Respondent(s) : 1 - 4.
MR
HARSHIT S TOLIA for
Respondent(s) :
5,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 29/08/2008
ORAL
ORDER
Heard
learned advocate Mr. Nanavati appearing on behalf of applicant and
learned advocate Mr. Tolia appearing on behalf of opponents ?
claimants on caveat.
RULE
returnable on 6th October 2008.
Learned
advocate Mr. Tolia waives service of notice of rule on behalf of
opponents claimants.
Ad-interim
relief in terms of Para 6(A) on condition that applicant ?
Insurance Company shall have to deposit the entire amount together
with cost and interest with the Claims Tribunal on or before
returnable date.
After
realising the amount from the applicant, it is directed to Claims
Tribunal concerned to pay 30% amount to Udiben Roopsinh Chudavat by
account payee cheque and rest of the amount is to be invested with
any Nationalised Bank for a period of three years with periodical
renewal in the name of respondent claimant, but, FDR is to be
remained with Nazir of the Claims Tribunal. The respondents claimants
are entitled the periodical interest upon the said FDR till the
appeal is finally decided by this Court.
[H.K.
RATHOD, J.]
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