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CA/8836/2010 2/ 2 JUDGMENT
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 8836 of 2010
In
FIRST
APPEAL No. 2278 of 2010
For
Approval and Signature:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
=================================================
1
Whether
Reporters of Local Papers may be allowed to see the judgment ?
2
To
be referred to the Reporter or not ?
3
Whether
their Lordships wish to see the fair copy of the judgment ?
4
Whether
this case involves a substantial question of law as to the
interpretation of the constitution of India, 1950 or any order
made thereunder ?
5
Whether
it is to be circulated to the civil judge ?
=================================================
ORIENTAL
INSURANCE CO LTD - Petitioner
Versus
SURATIBEN
SHANABHAI HARIJAN & 6 - Respondents
=================================================
Appearance :
MR
RAJNI H MEHTA for Petitioner:
MR MTM HAKIM for Respondents : 1 -
4.
RULE SERVED for Respondents : 5 - 6.
MRHARSHITSTOLIA for
Respondent : 7,
MRPARTHSTOLIA for Respondent :
7,
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 30/09/2010
ORAL
JUDGMENT
Main
matter, i.e. First Appeal No. 2278 of 2010 has already been
admitted. On 26/8/2010, this Court has passed the order (Coram: Ravi
R. Tripathi, J), directing the Tribunal to deposit the amount
initially for a period of 3 (three) months, and further orders were
to be passed after hearing the parties.
Today,
this Court heard learned advocate for the parties. Looking to the
controversy involved in the matter and the stand taken by the
insurance company, the entire amount is required to be deposited in
a nationalized bank, initially for a period of five (5) years. In
case the appeal is not disposed of by the date of maturity, then the
amount be reinvested for an appropriate period or till the final
disposal of the appeal. The amount be deposited in the name of
Nazir of the concerned Court / Tribunal along with the claimants.
The interest accrued there from be paid to the claimants
periodically. Claimants are at liberty to approach the Tribunal for
apportionment of their interest share, which shall be decided by the
Tribunal in accordance with law.
In
view of above, the impugned award shall remain stayed till final
disposal of the appeal, subject to the directions herein above.
Civil application stands disposed of. Rule made absolute. No costs.
[
S.R. BRAHMBHATT, J ]
/vgn
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