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CA/2412/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 2412 of 2010
In
FIRST
APPEAL No. 541 of 2010
=========================================================
NEW
INDIA ASSURANCE CO LTD - Petitioner(s)
Versus
JANUBHAI
DEVSINGBHAI BARDE & 2 - Respondent(s)
=========================================================
Appearance
:
MR
RAJNI H MEHTA for
Petitioner(s) : 1,
NOTICE SERVED for Respondent(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 04/05/2010
ORAL
ORDER
By
order dated 8/3/2010, the ad interim relief in terms of para-6(i) was
granted in view of the statement by learned advocate appearing for
the applicant that the insurance company has deposited the entire
awarded amount with interest and cost. In view of the said statement
by the learned advocate appearing for the applicant, notice to the
opponents was issued.
Today’s
cause list shows that the notice has been served to the opponent
nos.1 to 3. Though served, no one has entered appearance on behalf
of opponents.
Rule.
Heard
learned advocate Mr. S. B. Parikh for learned advocate Mr. Rajni
Mehta appearing for the applicant appellant.
Having
regard to the contentions raised in the appeal and submissions made
by learned advocate and in view of the fact that the opponents have
not entered appearance and/or opposed the civil application for
interim relief, the interim relief granted earlier in terms of
para-6(i) is confirmed in view of the fact that the awarded amount
with interest and cost has been deposited.
Learned
Tribunal is directed to invest the entire deposited amount in the
name of Nazir of the Tribunal. The investment shall be made in fixed
deposit with any nationalised bank. The learned Tribunal and/or bank
shall not allow the opponent claimants or any one on their behalf to
create any charge and/or raise any loan in any manner whatsoever
against the said fixed deposit. The interest amount shall also be
accumulated.
The
fixed deposit shall be taken out initially for a period of five years
and thereafter the same will be renewed automatically until final
decision in the appeal or any further order is passed.
Since
the present order is passed in absence of the opponent though after
service of notice, it is clarified that it will be open to the
opponents to file appropriate application for modification in the
order. The application, if and when filed, will be considered in
accordance with law.
With
the aforesaid clarification and direction, the ad interim relief
granted earlier is confirmed and it is directed that the interim
relief shall continue to operate on the same terms and conditions
until final hearing and decision in the appeal or until any further
order is passed hereinafter.
If
the amount, as stated, has not been deposited the interim relief
shall not operate.
Accordingly
the Civil Application is allowed. Rule is made absolute to the
aforesaid extent.
(K.M.THAKER,
J.)
(ila)
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