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CA/1403/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 1403 of 2010
In
FIRST
APPEAL No. 231 of 2010
=========================================================
IFFCO-TOKIO
GEN INS CO LTD - Petitioner(s)
Versus
ANKUR
NAVINCHANDRA PATEL & 1 - Respondent(s)
=========================================================
Appearance
:
MR
AJAY R MEHTA for
Petitioner(s) : 1,
MR AM PAREKH for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 11/03/2010
ORAL
ORDER
Heard
Mr.Parikh, learned advocate for Mr.Mehta, learned advocate for the
applicant and Mr.Parekh, learned advocate for the opponent Nos.1 and
2.
By
order dated 09.02.2010, the appeal has been admitted. On the same
date the Court has also granted ad-interim relief in terms of
para-6(i) on terms and conditions as stated in the order dated
09.02.2010.
On
perusal of the order dated 09.02.2010 under Civil Application, it
comes out that Court directed Tribunal to invest entire amount.
Learned advocate Mr.Parikh, however, made grievance with regard to
the amount deposited while preferring appeal under Section 173 of
the Motor Vehicles Act. He has submitted that the Tribunal has
permitted withdrawal of part of the said amount, probably to the
extent of 40%. He has submitted that appropriate directions may be
passed so that further disbursement may not be made. On perusal of
the order, it becomes clear that there is no need to pass fresh
direction for investment because order dated 09.02.2010 is clear
and contains specific directions that the entire amount shall be
invested with the Nationalised Bank. Meaning thereby withdrawal/
disbursement is not permitted. Thus, Tribunal is directed to comply
the direction contained in the order dated 09.02.2010. The Court
has permitted the original claimants only to withdraw/ receive
periodical interest of fixed deposit. The same shall continue to
operate.
Having
heard the counsel, ad-interim relief granted by the order dated
09.02.2010 is confirmed on same terms. Interim relief shall endure
on the same terms and conditions as granted in the order dated
09.02.2010 until final decision of the appeal or until other or
further order is passed. The original claimants are permitted to
withdraw/ receive periodical interest.
With
the aforesaid clarification, application is disposed of. Ad-interim
relief in terms of para 6(i) stands confirmed. Rule is made absolute
to the aforesaid extent.
(K.M.THAKER,
J.)
..mitesh..
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