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FA/356/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 356 of 2010
With
FIRST
APPEAL No. 357 of 2010
=================================================
UNITED
INDIA INSURANCE CO. - Appellant(s)
Versus
CHANDULAL
MOHANBHAI SITAPARA & 5 - Defendant(s)
=================================================
Appearance
:
MR
GC MAZMUDAR for Appellant(s) : 1,MR HG MAZMUDAR for Appellant(s) :
1,
RULE SERVED for Defendant(s) : 1,
NOTICE SERVED BY DS for
Defendant(s) : 2,
MR ANAL S SHAH for Defendant(s) : 3,
Mr.DEVANG
VYAS, ADDL GOVERNMENT PLEADER for Defendant(s) : 4,
NOTICE SERVED
for Defendant(s) : 5,
MR SUNIL B PARIKH for Defendant(s) :
6,
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CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 13/07/2010
COMMON
ORAL ORDER
On
6th July 2010, this Court passed order, the relevant part
of which reads as under:
Taking
into consideration the fact that the Jeep was a Government
vehicle and the owner of the vehicle has not taken coverage of the
passenger, employee of the owner of the vehicle, prima facie it is
the liability of the owner of the vehicle and therefore, the learned
AGP to make a statement as to when the cheque of the amount awarded,
will be deposited.
2. Heard
learned advocate Mr.G.C. Mazmudar for the appellant-Insurance Company
and learned Assistant Government Pleader, Mr.Vyas. The learned AGP
requests that time be granted to enable the Government to deposit
cheque of the awarded amount upto 27th July 2010. The
request is granted.
3. The
matter requires consideration. Hence both these appeals are admitted.
Learned advocates Mr.Anal S. Shah and Mr.Sunil B. Parikh waive
service of process of admission on behalf of respondents no.3 and 6
respectively; and Mr.Devang Vyas, learned AGP waives on behalf of the
respondent-State.
The
Registry is directed to notify these appeals on a separate Board on
29th July 2010. It is made clear that on 29th
July 2010, the First Appeals will be taken up for final hearing.
(RAVI
R. TRIPATHI, J.)
karim
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