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CA/6104/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 6104 of 2008
In
FIRST APPEAL No. 2424 of 2008
To
CIVIL
APPLICATION - FOR STAY No. 6105 of 2008
In
FIRST APPEAL No. 2425 of 2008
With
CIVIL
APPLICATION No. 6105 of 2008
In
FIRST APPEAL No. 2425 of 2008
=========================================================
NEW
INDIA ASSURANCE CO LTD - Petitioner(s)
Versus
SWAMI
NARAYANDASJI PRIYADASJI RAMANUJ & 2 - Respondent(s)
=========================================================
Appearance
:
MR
SUNIL B PARIKH for
Petitioner(s) : 1,
RULE SERVED for Respondent(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 23/07/2008
ORAL
ORDER
1. Heard
learned advocate Mr. Sunil B. Parikh appearing on behalf of applicant
? New India Assurance Company Limited.
2. In
this applications, ‘rule’ is issued by this Court and granted
ad-interim relief in terms of para 6(i) on 16th May 2008.
But, this Court has not directed to Insurance Company to deposit the
awarded amount together with interest and cost before the Claims
Tribunal.
3. Therefore,
it is directed to Insurance Company to deposit the awarded amount
together with interest and cost before the Claims Tribunal within a
period of one month from the date of receiving the copy of the said
order.
4. After
realising the amount from Insurance Company together with accrued
interest and costs, and the amount, if any, transmitted by the
registry of this Court, it is directed to Tribunal concerned to pay
30% thereof to the respondent claimant in each case by account payee
cheque and rest of the amount be invested in any Nationalized Bank in
the name of claimant initially for a period of five years with
cumulative interest with periodical renewal till the appeal is
finally decided by this Court. Said FDR, though in the name of the
claimant, shall remain with Nazir of the Tribunal concerned till the
appeal is finally decided by this Court. The claimant is not entitled
for interest upon the said FDR till the appeal is finally decided by
this Court.
5. The
registry is directed to transmit Rs.25,000/- which has been deposited
by Insurance Company before this Court to Claims Tribunal concerned
immediately.
6. Accordingly,
rule is made absolute to that extent.
[H.K.
RATHOD, J.]
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