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CA/88/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR ORDERS No. 88 of 2007
In
CIVIL
APPLICATION No. 1441 of 2006
In
FIRST
APPEAL No. 238 of 2006
=================================================
HARSHABA
RANUBHAI JADEJA - Petitioner
Versus
NEW
INDIA ASSURANCE CO.LTD. & 3 - Respondents
=================================================
Appearance :
MR
MRUGEN K PUROHIT for Petitioners : 1, 1.2.1,1.2.2
MR SANDIP C
SHAH for Respondents : 1,
None for Respondents : 2 - 3.
MR
HARSHADRAY A DAVE for Respondent :
4,
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE BHAGWATI PRASAD
and
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 04/08/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE BHAGWATI PRASAD)
Heard
learned counsel for the parties. Out of the amount deposited by the
Insurance Company, 50 % thereof will be disbursed to the claimants
against their furnishing the undertaking for its return with interest
at bank rate as prevailing, in case they lose in appeal. The
remaining 50 % of the amount shall be deposited in the joint account
of Insurance Company and the Claims Tribunal for a period of five
years. However, in the meanwhile, if the appeal is not decided, the
Fixed Deposit will be renewed. This stipulation will be made with
the bank that the renewal of the FDR shall be automatic.
With
the aforesaid observations, civil application is disposed of.
[
BHAGWATI PRASAD, J ]
[
S.R. BRAHMBHATT, J ]
/vgn
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