Gujarat High Court Case Information System
Print
CA/911/1995 3/ 5 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 911 of 1995
=========================================================
KAUSHAR
ENTERPRISES - PARTNER OF SAIYEDALI HASANALI & 2 - Petitioner(s)
Versus
CHANCHALBEN
BABUBHAI PATEL & 7 - Respondent(s)
=========================================================
Appearance
:
(MR
PV NANAVATI) for
Petitioner(s) : 1,None for Petitioner(s) : None for Petitioner
No(s).: for Petitioner(s) : 2 - 3.
MR CB KAUSHAL for Respondent(s)
: 1 - 4.
None for Respondent(s) : 5 -
8.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 12/04/2010
ORAL
ORDER
Present
application accompanies the main appeal being First Appeal No.435 of
1995 which arises out of the award dated 30/7/1994 passed by the
Motor Accident Claims Tribunal (Main), Ahmedabad (Rural) at Mirzapur,
Ahmedabad in MACP No.439 of 1987. The appellant insurance company
has challenged the directions passed by the learned Tribunal in the
aforesaid award. By the award impugned in the appeal, learned
Tribunal has awarded compensation to the tune of Rs.4,30,800/- with
interest at the rate of 15% in favour of claim petitioner and
respondent no.4 and 5. The learned Tribunal has directed that
respondent nos.2, 3 and 7 (in claim petition No.439 of 1987) shall be
jointly and severally responsible to pay sum of Rs.4,30,800/-.
Aggrieved by the award, the appellants preferred the appeal.
The
appellants applicants also preferred, along with the First Appeal,
present application praying for stay of the said award. After
hearing the appellants applicants the Court passed below mentioned
order on 10/12/1995.
Rule.
Ad interim relief in terms of para 4(A) on condition that the
petitioners deposit on amount of Rs.3,30,000/- (Rupees three lacs and
thirty thousand only) together with proportionate interest and cost
with the Tribunal. On deposit of the amount, the Tribunal will pass
order as regards disbursement and investment of the amount deposited.
If the petitioners have deposited any amount in excess of the
aforesaid amount, the petitioners will be at liberty to withdraw the
same. The petitioners may retain the rest of the amount with them on
condition that in case they lose in appeal and are required to pay
the balance amount or any part thereof, the petitioners will pay the
same with interest as may be directed by the Court. Order that may
be passed by the Tribunal as regards investment and disbursement of
the amount shall be reported to this Court immediately.
It
can be seen that the Court directed the applicants appellants to
deposit Rs.3,30,000/-.
Learned
advocate Mr. Thomas for learned advocate Mr.Nanavati appearing for
the applicants submitted that the amount of Rs.3,30,000/- with cost
has been deposited.
The
order dated 10/2/1995 appears to have continued until now without any
modification. After the order was passed, the application does not
appear to have been prosecuted and/or heard further.
Today,
when the application is taken up, applicants’ advocate is not
present.
There
is nothing on record which would clarify the position obtaining as on
today particularly on the point as to whether the learned Tribunal
has carried out the order with regard to the disbursement and
investment or not.
In
the facts and circumstances, following order is passed:
The
Registry shall call for the report from the officer of the Nazir of
learned Tribunal with regard to compliance of order dated 10/2/1995
passed in captioned Civil Application.
The
claimant shall deposit the balance i.e. difference between the
amount directed by order dated 10/2/1995 and the amount required to
be paid as per the award impugned in the appeal. The said
balance/difference amount shall be deposited with the Tribunal on or
before 30/4/2010.
After
the amount is deposited, the learned Tribunal shall immediately
invest the said amount in fixed deposit in a nationalised bank in
the name of Nazir of the Tribunal. The amount towards proportionate
cost and interest, not deposited by the appellant shall also be
deposited on or before 30/4/2010 and such amount shall also be
invested in fixed deposit along with the aforesaid amount. The
interest shall be accumulated and will not be disbursed/paid until
further order by the Court.
The
fixed deposit shall be initially taken out for a period of three
years and thereafter it will be renewed without further orders until
final decision in the appeal.
Since
the appeal is pending since 1995, the Registry is directed to list
the appeal for final hearing in the week beginning from 21/6/2010.
Fresh
notice intimating the date of final hearing of the appeal shall be
issued forthwith.
The
applicants appellants shall confirm with the Registry that the
address of the opponents mentioned in the cause title are accurate
and continue to be the same as of now. If there is any change the
same shall be informed to the office on or before 15/4/2010.
With
the aforesaid direction and clarification, the ad interim relief
granted earlier is confirmed with the aforesaid modification. It is
directed that the amount deposited earlier shall continue to abide by
the terms and conditions mentioned in the order dated 10/2/1995 but
with aforesaid modification and further clarification and direction
that the amount deposited earlier and the amount which may now be
deposited after this order shall remain invested (after the
disbursement as mentioned in the order dated 10/2/1995) and the
Tribunal and/or the Bank shall not permit the respondents to create
any charge and/or raise any loan against the fixed deposit amount.
The respondents also will not create any charge and/or raise any loan
against the fixed deposit.
The
civil application stands disposed of with aforesaid clarification,
modification and directions.
(K.M.THAKER,
J.)
(ila)
Top