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CA/2326/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 2326 of 2010
=========================================================
ORIENTAL
INSURANCE CO LTD - Petitioner(s)
Versus
VOHRA
SAHIDABEN BACHUBHAI W/O BACHUBHAI VOHRA & 3 - Respondent(s)
=========================================================
Appearance
:
MR
KASHYAP R JOSHI for
Petitioner(s) : 1,
None for Respondent(s) : 1, 1.2.1,1.2.2 -
2,2.2.1 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 26/04/2010
ORAL
ORDER
Heard
Mr. Joshi learned advocate for the appellant and Ms. Pathak learned
advocate for Ms. Megha Jani learned advocate for the opponent No. 3.
Rule.
Ms. Pathak learned advocate for Ms. Megha Jani learned advocate
waives service of Notice of Rule on behalf of the opponent No. 3.
With the consent of the learned advocates the application is taken up
for hearing today.
Ad-interim
relief in terms of paragraph 13(B) is granted on the condition that
the applicant-appellant shall deposit the entire awarded amount with
interest and cost on or before 15th
May 2010. After the amount is deposited the learned Tribunal
shall permit the opponent No. 1/1 and 1/2 i.e. heirs/legal
representatives of opponent No. 1 (the original claimant) to withdraw
30% of the deposited amount. Subsequently it would be open to the
heirs/legal representatives of the original claimant to make
application for permission to withdraw further/additional amount i.e.
over and above the permitted 30%.
The
learned Tribunal shall make payment of 30% of the deposited amount to
the heirs/legal representatives of original claimant only after
thorough and complete verification of their identity in all respects
including their age (so as to determine whether the heirs/legal
representatives who seek to withdraw the amount are major or not) and
payment shall be made only after receiving application from the
heirs/legal representatives of the claimant and after due and
complete verification of identity in all aspects of the heirs/legal
representatives and only by A/c payee cheque in the name of the
concerned heirs/legal representatives. The cheque shall be deposited
directly in the bank account.
The
balance 70% shall be invested in Fixed Deposits with a Nationalized
Bank in the name of Nazir of the Court. The heirs/legal
representatives or any one on their behalf shall not be permitted to
create any charge in any manner whatsoever against the Fixed
Deposits.
The
learned Tribunal shall make payment of the aforesaid 30% amount after
determining the apportionment inasmuch as the heirs/legal
representatives have joined the proceedings after the impugned award
was passed (since the original claimant expired after the award was
passed). Hence, the disbursement shall not be made without
determining the ratio/apportionment for disbursement.
The
periodical interest shall be paid to the heirs/legal representatives
in the same ratio/apportionment.
The
application stands disposed of at this stage. Rule is made absolute
to that extent.
However,
it will be open for the heirs/legal representatives to make
appropriate application (including for the purpose of
additional/further disbursement) since the present order has been
passed in their absence.
(K.M.THAKER,J.)
Suresh*
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