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CA/1245120/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 12451 of 2008
=========================================================
BAJAJ
ALLIANZ GENERAL INSURANCE CO LTD - Petitioner(s)
Versus
RATILAL
CHIMANLAL SONI & 1 - Respondent(s)
=========================================================
Appearance
:
MR
SHALIN N MEHTA for
Petitioner(s) : 1,
None
for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 21/10/2008
ORAL
ORDER
Heard
learned advocate Mr. Shalin N. Mehta appearing on behalf of
appellant ? Bajaj Alianz General Insurance Co. Ltd.
Rule
returnable on 24th November 2008.
Ad-interim
relief in terms of Para 4(a) on condition that applicant shall have
to deposit entire awarded amount before the Claims Tribunal concerned
together with cost and interest on or before returnable date.
The
applicant is challenging the amount in first Appeal Rs.1,61,600/-.
The Claims Tribunal has awarded Rs.2,91,200/- in favour of opponent
claimant.
Amount,
if any, deposited by the insurance company in the registry of this
Court be transmitted to the Claims Tribunal immediately.
After
realising the amount from applicant – Insurance Company together with
accrued interest and costs, and the amount, if any, transmitted by
the registry of this Court, it is directed to Tribunal concerned to
pay 1,50,000/- thereof to respondent claimant ? Ratilal Chimanlal
Soni by account payee cheque and rest of the amount be invested in
any Nationalized Bank in the name of claimant initially for a period
of three years with cumulative interest with periodical renewal till
the appeal is finally decided by this Court. Said FDR, though in the
name of the claimant, shall remain with Nazir of the Tribunal
concerned till the appeal is finally decided by this Court. The
claimant is entitled for periodical interest upon the said FDR till
the appeal is finally decided by this Court.
[H.K.
RATHOD, J.]
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