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CA/1073/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 1073 of 2011
In
FIRST
APPEAL No. 245 of 2011
=========================================================
ORIENTAL
INSURANCE CO LTD - Petitioner(s)
Versus
KANCHANBEN
@ KESHUBEN DEVSHIBHAI & 9 - Respondent(s)
=========================================================
Appearance
:
MR
KK NAIR for
Petitioner(s) : 1,
MR TUSHAR L SHETH for Respondent(s) : 1 - 6.
-
for Respondent(s) : 7 -
10.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MS.JUSTICE B.M.TRIVEDI
Date
: 22/02/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
1. Rule.
As Mr. Sheth, learned counsel waives notice of Rule for the original
claimants. Presence of the other parties to the proceedings is not
required at this stage.
2. The
present application is for interim injunction pending the First
Appeal against the judgment and award passed by the Tribunal.
3. Considering
the facts and circumstances, there shall be interim injunction on
condition that the applicant deposits the awarded amount with costs
and interest with the Tribunal within a period of 6 weeks from today.
4. We
have heard the learned counsel appearing for both the sides on the
aspect of withdrawal.
5. Out
of the amount which may be deposited pursuant to the aforesaid order,
it may be segregated into two parts; (1) Rs. 6,40,000/- (Rupees Six
Lakhs Forty Thousand only) together with the proportionate cost and
interest and (2) Rs. 12,47,498/- (Rupees Twelve Lakhs Forty Seven
Thousand Four Hundred Ninety Eight only) with the proportionate cost
and interest. The Tribunal, after segregation of the aforesaid
amount, shall appropriate the amount of Rs. 12,47,498/- with the
proportionate cost and interest as per the award passed by the
Tribunal for disbursement and investment of the amount. So far as the
amount of other portion of Rs. 6,40,000/- with the proportionate cost
and interest is concerned, the same shall be invested by the Tribunal
initially for the period of three years and such investment shall be
renewed from time to time until the appeal is disposed of with the
clause that the original claimant shall be entitled to periodical
interest from time to time until the appeal is finally heard and
disposed of. The original F.D.R. Shall be kept with the Tribunal
itself.
6. Rule
made absolute to the aforesaid extent.
(JAYANT
PATEL, J.)
(MS.
B.M.TRIVEDI, J.)
jani
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