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CA/7194/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 7194 of 2011
In
FIRST
APPEAL No. 2051 of 2011
To
CIVIL
APPLICATION No. 7198 of 2011
In
FIRST APPEAL No. 2055 of 2011
=========================================================
ORIENTAL
INSURANCE CO LTD - Petitioner(s)
Versus
PANCHAL
HITENDRAKUMAR KASTURBHAI & 4 - Respondent(s)
=========================================================
Appearance
:
MR
ANAL S SHAH for
Petitioner(s) : 1,
None for Respondent(s) : 1 -
5.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
and
HONOURABLE
MR.JUSTICE R.M.CHHAYA
Date
: 27/09/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE JAYANT PATEL)
1.0
Mr.
Barot, learned advocate appears for original claimants of Civil
Application No.7194 of 2011 and Civil Application No.7195 of 2011.
2.0
Present
applications are for interim injunction pending First Appeal against
the judgment and award passed by the Tribunal which is impugned in
the concerned First Appeal. Considering the facts and circumstances,
there shall be interim injunction against execution of the judgment
and award of the Tribunal which is challenged in the concerned First
Appeal on the condition that applicants deposit entire awarded amount
to the extent of liability of applicants (80%) together with
proportionate costs
and interest with the Tribunal within a period of four weeks from
today.
3.0
We have heard learned counsel appearing for the applicants as well
as Mr. Barot, learned advocate appearing in two matters for the
original claimants on the aspect of withdrawal.
4.0
Considering the facts and circumstances, out of the amount which
may be deposited, the original claimants in Civil Application
Nos.7194 and 7195 of 2011 shall be permitted to withdraw 20% of the
amount and the remaining amount shall be invested by the Tribunal in
the Fixed Deposits Receipts initially for a period of three years and
such investment shall be renewed from time to time periodically till
the appeals are finally disposed and the concerned original claimants
shall be entitled to recover periodical interest as and when it
becomes due.
5.0
So far as Civil Application No.7196 of 2011 to Civil Application
No.7198 of 2011 are concerned, as none appear on behalf of
applicants, the Tribunal shall invest the amount in Fixed Deposits
Receipts for a period of one year and such investment shall be
renewed from time to time until further orders. It is also clarified
that the claimants concerned shall be at liberty to move an
appropriate application for withdrawal as may be permissible under
the law.
6.0
All applications are disposed of accordingly.
[Jayant
Patel, J.]
[R.
M. Chhaya, J.]
Amit
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