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FA/1410/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 1410 of 2010
=========================================================
DHAKUBEN
GOVINDBHAI GUJARIYA L.R.OF GOVINDBHAI L GUJARIYA & 5 -
Appellant(s)
Versus
JAGDISHBHAI
NARANBHAI KAVAD & 1 - Defendant(s)
=========================================================
Appearance
:
MR
MEHUL S SHAH for
Appellant(s) : 1 - 6.MR SURESH M SHAH for Appellant(s) : 1 - 6.
None
for Defendant(s) : 1,
MR VIBHUTI NANAVATI for Defendant(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 27/09/2010
ORAL
ORDER
1. Both
the learned counsel have made joint request to dispose of this appeal
in view of the consensus prevailing amongst the parties for disposal
of this appeal.
2. As
per the consensus between the learned counsel and their respective
clients, the respondent-insurance company shall deposit the entire
awarded amount within a period of four weeks from today and such
deposit would ultimately be made subject to final outcome of M.A.C.P.
No.531 of 2007. In the meantime, the amount so deposited, be directed
to be deposited in fixed deposit in any scheduled bank/nationalised
bank initially for a period of three years and, in case, if M.A.C.P.
No.531 of 2007 is not decided, then, again, the same shall be renewed
for a further period of three years and be kept renewing
till final disposal of M.A.C.P. No.531 of 2007. The interest accrued
thereon periodically, shall
be ordered to be withdrawn by the claimants and appellant No.1 shall
be permitted to receive it on behalf of all the claimants. The fixed
deposit be made in the name of Nazir of the Court concerned and it
would be the duty of the Nazir as well as the Court concerned to see
to it that the periodical interest is disbursed to appellant No.1,
who shall receive the same on behalf of all the claimants
hereinabove. Order accordingly.
3. Mr.Nanavati,
learned advocate appearing for respondent No.2, at this stage,
submitted that the learned counsel for the appellant is also ready
and willing to have the expeditious hearing of M.A.C.P. No.531 of
2007. Mr.Nanavati further submitted that the cognate matters being
M.A.C.P. Nos.632 of 2007 and 633 of 2007 may also be ordered to be
heard along with the same.
4. In
view of the above, I am of the view that M.A.C.P. No.531 of 2007 be
heard expeditiously and preferably within a period of six months. So
far as the hearing of M.A.C.P. Nos.632 of 2007 and 633 of 2007 is
concerned, the Court may be moved by the parties and the Court may
pass appropriate order thereon.
5. The
appeal is disposed of with the aforesaid directions. It is clarified
that the Court has not decided this appeal on merits and this order
is passed in view of the consensus between the learned counsel for
the parties.
(S.R.BRAHMBHATT,
J.)
Hitesh
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