New vs Hiralal on 31 July, 2008

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CA/14303/2007	 1/ 1	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

CIVIL
APPLICATION - FOR STAY No. 14303 of 2007
 

In


 

FIRST
APPEAL No. 5145 of 2007
 

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

 

NEW
INDIA ASSURANCE CO.LTD. - Petitioner(s)
 

Versus
 

HIRALAL
GOMAJI MORIYA (REGAR) & 3 - Respondent(s)
 

=========================================================
 
Appearance
: 
MR
HASMUKH THAKKER for
Petitioner(s) : 1, 
MR HARSHAD K PATEL for Respondent(s) : 1 -
3. 
RULE SERVED for Respondent(s) :
4, 
=========================================================


 
	  
	 
	  
		 
			 

CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE KS JHAVERI
		
	

 

Date
: 31/07/2008 

 

ORAL
ORDER

1.
Heard learned advocates appearing for
the parties.

2. Since
entire awarded amount is deposited by the applicant, interim relief
granted earlier is confirmed. It
will be open for the original claimant to withdraw the principal
amount, which is deposited by the applicant. The amount of interest
and penalty, which has been deposited by the applicant, will be kept
in a fixed deposit. Accordingly, this Civil Application is allowed.
Rule is made absolute with no order as to costs.

3. Appeal
is fixed for final hearing on 16th September, 2008.

(K.S.Jhaveri,
J.)

*malek

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