Gujarat High Court Case Information System
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CA/2140/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 2140 of 2010
In
FIRST
APPEAL No. 396 of 2010
=========================================================
UNITED
INDIA INS. CO. LTD. - Petitioner(s)
Versus
BUDESINH
DURGASINH RAJPUT (DELETED AS PER HON'BLE CT'S & 8 - Respondent(s)
=========================================================
Appearance
:
MR
VIBHUTI NANAVATI for
Petitioner(s) : 1,
DELETED for Respondent(s) : 1,
RULE SERVED
for Respondent(s) : 2, 4,8 - 9.
MR NAGESH C SOOD for Respondent(s)
: 3,
MR PARESH M DARJI for Respondent(s) : 5 -
7.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE VIJAY MANOHAR SAHAI
Date
: 18/11/2010
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
Heard
learned advocate Mr.Vibhuti Nanavati for the applicant and learned
advocate Mr.Nagesh Sood for opponent No.3. Learned advocate Mr.Darji
for opponent Nos.5 to 7 is not present despite three calls. Opponent
Nos.2, 4, 8 and 9 have not chosen to contest though they have been
served the notice of Rule.
2. In
view of the fact that the award against the vehicle insured by the
applicant is held to be not responsible for the accident and in view
of the fact that the Tribunal had held that the driver, owner and the
applicant to be jointly and severally liable to pay compensation
along with other driver, owner and insurer, ad-interim relief granted
earlier deserves to be confirmed by making the relief interim during
the pendency of the appeal. The application is allowed. Rule is made
absolute. No costs.
(A.L.Dave,
J.)
Sreeram. (V.M.Sahai,
J.)
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