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FA/2780/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 2780 of 2010
With
CIVIL
APPLICATION No. 11015 of 2010
In
FIRST APPEAL
No. 2780 of 2010
=================================================
ICICI
LOMBARD GENERAL INSURANCE CO LTD - Appellant
Versus
GULABBHAI
VAJIRBHAI PATEL & 1 - Defendants
=================================================
Appearance :
MR
VIBHUTI NANAVATI for Appellant:
None for Defendants : 1 -
2.
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 06/10/2010
ORAL
ORDER
F.A.
NO. 2780 OF 2010
Learned
advocate for the appellant has relied upon certified copy of
exhibit-48 and exhibit-58, namely application seeking production of
driving license from the owner/insured of the vehicle in question and
the purshish filed by the owner/insured before the Court
respectively, indicating therein that he did not possess license on
the fateful day. Learned advocate has ensured the Court that legible
copy of the documents would be supplied today itself. In view of
this, i.e. when there is no discussion with regard to breach of
policy conditions, the appeal is got to be admitted. Hence appeal is
ADMITTED.
C.A.
NO. 11015 OF 2010
As
the appeal is admitted, civil application is required to be
considered for passing appropriate order of ad-interim relief. As
the appeal is admitted in view of the fact that documents relied upon
by the learned advocate, especially exhibit-58 go to show that on the
fateful day the insured who himself was driving vehicle involved in
the accident did not have valid license, as he could not produce the
same and he admitted that he did not have license at the relevant
time. In view of this, RULE returnable on 28/10/2010. In the meantime
and till the returnable dated, ad-interim relief in terms of prayer
para no. 6(A) of the application, on a condition that the
applicant/appellant deposit the entire awarded amount within four
weeks from today. Order with regard to depositing / disbursement
shall be passed after hearing the other side.
[
S.R. BRAHMBHATT, J ]
/vgn
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