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CA/12360/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 12360 of 2010
In
FIRST
APPEAL No. 3152 of 2010
=========================================================
NATIONAL
INSURANCE CO LTD - Petitioner(s)
Versus
SUSHILABEN
D/O SOMABHAI DALABHAI MAKWANA (BHIL) & 1 - Respondent(s)
=========================================================
Appearance :
MR
MEHUL SHARAD SHAH for
Petitioner(s) : 1,
RULE SERVED for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 29/11/2010
ORAL
ORDER
Heard
learned Advocate for the applicant.
Ad-interim
relief granted earlier stands confirmed and shall continue as
interim relief pending the final disposal of the appeal. Out of the
total amount deposited by the applicant, the original claimant/s
shall be permitted to withdraw 30% (thirty) of the said amount by
Account Payee Cheque after proper verification. The balance 70%
(seventy) of the amount shall be invested in a Fixed Deposit Receipt
with a nationalised Bank on a long term basis, which shall be
renewed from time to time, without any further orders in that regard
from this Court. The
interest on such deposit shall be accumulated. It will be open for
the Insurance Company to recover the amount from the original owner.
Final orders regarding disbursement shall be passed at the time of
final disposal of the appeals.
With the
above observation and direction, the application stands disposed of.
Rule is made absolute to the aforesaid extent with no order as to
costs.
(K.S.
Jhaveri, J.)
Caroline
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