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CA/9117/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 9117 of 2010
In
FIRST
APPEAL No. 2343 of 2010
=========================================================
IFFCO-TOKIO
GEN. INS. CO. LTD - Petitioner(s)
Versus
KALIBEN
MANSINH PARMAR & 5 - Respondent(s)
=========================================================
Appearance :
MR
AJAY R MEHTA for
Petitioner(s) : 1,
MR MTM HAKIM for Respondent(s) : 1 - 4.
MR
PP MAJMUDAR for Respondent(s) : 5 -
6.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 29/11/2010
ORAL
ORDER
Heard
Mr. Ajay R. Mehta, Mr. MTM Hakim and Mr. P.P. Majmudar.
Out
of the total amount deposited by the applicant, the original
claimants shall be permitted to withdraw 30% (thirty) of the said
amount by Account Payee Cheque after proper verification, subject to
the right of the Insurance Company to recover the same from the
claimants. The balance 70% (seventy) of the amount shall be
invested in a Fixed Deposit Receipt with the Nazir Department of the
Tribunal, which shall be renewed from time to time, without any
further orders in that regard from
this Court and pending this appeal. The interest on such deposit
will be paid to the claimants. No amount shall be advanced towards
loan nor any charge shall be created on such Fixed Deposit Receipt.
Final orders regarding disbursement shall be passed at the time of
final disposal of the appeal.
With the above observation and
direction, this Civil Application stands disposed of. Rule made
absolute to the above extent with no order as to costs.
(K.S.
Jhaveri, J.)
Caroline
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