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CA/5148/2010 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 5148 of 2010
In
FIRST
APPEAL No. 1282 of 2010
With
CIVIL
APPLICATION No. 5149 of 2010
In
FIRST
APPEAL No. 1283 of 2010
with
CIVIL
APPLICATION No. 5150 of 2010
In
FIRST
APPEAL No. 1284 of 2010
=================================================
NATIONAL
INSURANCE COMPANY LIMITED - Petitioner(s)
Versus
RAJABHAI
MOTIBHAI KHAMBHALIYA & 2 - Respondent(s)
=================================================
Appearance
:
MR MAULIK J SHELAT for
Petitioner(s) : 1.
Mr.HARSHAD
K. PATEL FOR Respondent(s) : 1 -
3.
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 29/06/2010
COMMON
ORAL ORDER
The
present Civil applications are filed for stay. Rule was issued by
this Court on 11th May 2010 returnable today, viz. 29th
June 2010. The rule is served to respondents no.1 to 3 in all the
matters.
2. Learned
advocate Mr.Harshad K. Patel has instructions to appear for
respondents no.1 and 3 in Civil Application No.5148 of 2010.
Respondent no.2, who is stated to be driver though served does not
appear. Heard learned advocate Mr.Maulik J. Shelat for the applicants
and Mr.Harshad K. Patel for opponents no.1 and 3 in CA No.5148 of
2000. Rule is made absolute in CA No.5148 of 2000. Interim order
passed by this Court in this Civil Application to operate till final
disposal of the matter, subject to a modification to the effect that
the amount shall be invested in a Cumulative Fixed Deposit Account of
any Nationalized Bank in the name of respondent /claimants initially
for a period of three years with periodical renewals
till the appeal is finally decided by this Court.
3. In
Civil Applications No.5149 of 2010 and 5150 of 2010, though served
nobody appears for the respondents. Heard learned advocate
Mr.Maulik J. Shelat for the applicants. Rule is made absolute.
Interim order passed by this Court in this Civil Application to
operate till final disposal of the matter, subject to a modification
to the effect that the amount shall be invested in a Cumulative Fixed
Deposit Account of any Nationalized Bank in the name of respondent
/claimants initially for a period of three years with
periodical renewals till the appeal is finally decided by
this Court.
4. In
all the these Civil Applications, though the amount is deposited in
the name of the respondent/ claimants, the Fixed Deposit Receipt
shall remain with the Nazir of the Claims Tribunal till the appeal is
finally decided by this Court.
(RAVI
R. TRIPATHI, J.)
karim
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