Gujarat High Court Case Information System
Print
CA/7384/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 7384 of 2008
In
FIRST
APPEAL No. 2864 of 2008
=========================================================
UNITED
INDIA INSURANCE CO LTD - Petitioner(s)
Versus
JAGDISHBHAI
JIVANLAL BAROT PROP OF MARUTI TRAVELS & 1 - Respondent(s)
=========================================================
Appearance
:
MR
VIBHUTI NANAVATI for
Petitioner(s) : 1,
RULE NOT RECD BACK for Respondent(s) : 1,
MR
PARESH M DARJI for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 13/08/2008
ORAL
ORDER
Heard
learned Advocate Mr. Nanavati for the applicant insurance company
and learned advocate Mr.Paresh Darji for opponent no.2.
This
Court has granted ad interim relief in terms of para 6(A) on 3rd
July, 2008.
Therefore,
considering the submissions made by the learned advocates for the
respective parties, amounts which have been deposited by the
applicant insurance company before the claims tribunal, after
realising the same, it is directed to the claims tribunal concerned
to invest the said amount with the Nationalized Bank for a period of
three years with periodical renewal in the name of the claimants.
Such FDRs in the name of the claimants shall remain in the custody
of the Nazir of the Claims Tribunal concerned till the appeal is
decided by this court. Respondent claimant is entitled for
periodical interests only from such FDRs. It is clarified that the
interim relief granted by this Court is qua applicant insurance
company alone and, therefore, it is open for the respondents
claimants to execute the impugned award against the rest of the
respondents as per the award. Rule is made absolute accordingly.
(H.K.
Rathod,J.)
Vyas
Top