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CA/8073/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR ORDERS No. 8073 of 2008
In
FIRST
APPEAL No. 3013 of 1996
=========================================================
FAIZ
MOHAMMED NUR MOHAMMED SHAIKH & 2 - Petitioner(s)
Versus
ISMAILBHAI
GULABBHAI SHAIKH & 2 - Respondent(s)
=========================================================
Appearance
:
MR
RAJNI H MEHTA for
Petitioner(s) : 1 - 3.
None for Respondent(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 23/07/2008
ORAL
ORDER
Heard
learned advocate Mr. Parikh on behalf of applicant ? original
appellant.
Learned
advocate Mr. Parikh submitted that in view of decision of Apex Court
in case of Narendra Kumar Vs. Yareniss reported in 1998 ACJ
244, it has been held that appeal filed by Insurance company
in association with one or more of the tort feasors against whom the
award has been made, is not maintainable but torts feasors can
pursue the appeal after suitably amending the cause title.
Therefore,
considering aforesaid fact as narrated in para 2, prayer made in
para 4(b) is granted and this order is transposing to the New India
Assurance Co. Ltd as respondent no. 4 in present appeal.
The
Registry of this Court is directed to amend the cause title.
Accordingly, present application is disposed of.
(H.K.RATHOD,
J)
asma
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