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CA/7854/2007 3/ 4 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 7854 of 2007
In
FIRST APPEAL No. 2747 of 2007
=========================================================
UNITED
INDIA INSURANCE CO. LTD. - Petitioner(s)
Versus
RUPBA
WD/O. VANUBHA ANOPSING VAGHELA & 8 - Respondent(s)
=========================================================
Appearance
:
MR
GC MAZMUDAR for
Petitioner(s) : 1,
RULE
SERVED BY DS for
Respondent(s) : 1
- 5.
None
for Respondent(s) : 6,
DS
AFF.NOT FILED (R) for
Respondent(s) : 7,
RULE
SERVED for
Respondent(s) : 8,
MR
SHALIN N MEHTA for
Respondent(s) :
9,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 22/07/2008
ORAL
ORDER
Heard
learned Advocate Mr. Mazmudar for the applicant. In this matter,
this Court passed the following order in First Appeal on 7th
August 2007:
?SThe
learned Counsel for the appellant declares before the Court that out
of the awarded amount of Rs.3,30,500/-, the appellant admits the
liability of Rs.1,30,500/-/- with proportionate interest and the
cost and the present appeal is only for that additional liability of
Rs.2,00,000/- with the proportionate interest and the cost.
Admit.??
This
Court passed following order on Civil Application NO. 7854 of 2007:
?S1. In
view of the declaration made in the First Appeal, there is no
question of staying the execution and implementation of the award to
the extent of admitted liability of Rs.2,00,000/- together with
proportionate interest and the cost. The only aspects to be
considered is for interim injunction to the extent of liability
under challenge of Rs.1,30,500/- together with proportionate
interest and the cost.
2.Rule
returnable on 11.09.2007. By ad-interim order, there shall be stay
against execution and implementation of the award qua applicant on
condition that the applicant deposits the entire amount of the award
together with interest and the cost as ordered by the Tribunal
(above referred admitted liability and the liability under challenge
coupled with proportionate interest and cost) before the returnable
date. The amount deposited by the applicant with this Court shall
be transmitted to the Tribunal.
The
pendency of the appeal or the application shall not operate as a bar
to the Tribunal in disbursement or investment of the amount as per
the award in proportion of the admitted liability together with the
proportionate interest and the cost, out of the amount, which is
ordered to be deposited by this Court as condition for the aforesaid
interim injunction, save and except to the extent that the
disbursement shall be made by the Tribunal of the admitted liability
together with the proportionate interest and cost to the extent of
30% as against 40% and 70% of the amount shall be invested. The
other conditions of investment shall be the same. So far as the
amount of liability under challenge together with the proportionate
interest and cost is concerned, further order shall be passed with
the present application is heard for final disposal.??
In
the appeal as well as in civil application, respondent ? M/s.
Gupta Carriers is not served and, therefore, separate application is
filed by the appellant for substitute service.
In
view of the aforesaid circumstances, amount is deposited by the
appellant insurance company before the claims tribunal but no
disbursement order is passed by this Court.
Therefore,
it is directed to the claims tribunal to pay 30% amount to the
claimant namely RUPBA WD/O. VANUBHA
ANOPSING VAGHELA by way of an
account payee cheque drawn in her favour.
Rest
of the amount is to be invested in any Nationalized Bank initially
for a period of five years in the name of the claimant with
periodical renewal from time to time till the appeal is finally
decided by this court. Though such FDR shall be in the name of the
claimant, same shall remain in the safe custody of the Nazir of the
Claims Tribunal concerned till the appeal is finally decided by this
court. Respondent claimant is entitled for periodical interest upon
the said FDR till the appeal is finally decided by this Court.
Rule
is made absolute in this c
ivil application. This civil application is disposed of
accordingly.
(H.K.
Rathod,J.)
Vyas
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