Gujarat High Court Case Information System
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CA/9908/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 9908 of 2010
In
FIRST
APPEAL No. 2484 of 2010
======================================
NEW
INDIA ASSURANCE CO LTD - Petitioner(s)
Versus
BHAILALBHAI
VRAJLAL PATEL & 3 - Respondent(s)
======================================
Appearance
:
MR
PALAK H THAKKAR for Petitioner(s) : 1,
MR MTM HAKIM for
Respondent(s) : 1 - 2.
RULE NOT RECD BACK for Respondent(s) : 3 -
4.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 21/10/2010
ORAL
ORDER
1. Rule.
Shri M.T.M.Hakim, learned advocate waives service of Rule on behalf
of the respondents. The claimants are likely to be the aggrieved
parties. Hence, Civil Application is taken up for final disposal.
With the consent of the learned advocates for the parties, Rule is
fixed forthwith.
2. Shri
Hakim, submitted that out of the awarded amount 30% amount is ordered
to be disbursed and the interest is also permitted to be disbursed
periodically. Shri Hakim submitted that let there be payment of
periodical interest to the claimants so as to lessen their hardships.
3. I
am of the view that Insurance Company may deposit the entire amount
within 6 weeks from today and on deposit of the said amount, 30%
amount shall be disbursed to the claimants and 70% amount be
deposited in fixed deposit of a Nationalized Bank in the name of
claimants and Nazir and the interest accrued at every quarter to be
disbursed to the claimants. The principal amount of 70% shall be
governed by the final order that may be passed by the Court initially
for the period of 5 years and if, in case, the appeal is not disposed
of by then, the same would be further deposited for another term of 5
years and be continued to be deposited till the final disposal of the
appeal. Rule is made absolute. No order as to costs.
(S.R.Brahmbhatt,
J.)
sudhir
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