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CA/10726/2007 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 10726 of 2007
In
FIRST
APPEAL No. 4044 of 2007
=========================================================
MANAGER
- Petitioner(s)
Versus
SAMATBHAI
BHIKHABHAI PARMAR & 1 - Respondent(s)
=========================================================
Appearance
:
MS
LILU K BHAYA for
Petitioner(s) : 1,
MS SUDHA C SHUKLA for Respondent(s) : 1,
MR
HM SHAH for Respondent(s) : 1,
RULE SERVED for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 25/07/2008
ORAL
ORDER
1. Heard
learned advocate Ms. Lilu K. Bhaya appearing on behalf of applicant
and learned advocate Ms. Sudha C. Shukla for learned advocate Mr.
H.M. Shah appearing on behalf of opponent No.1. Though rule issued by
this Court is served to opponent No.2, but, no appearance is filed by
opponent No.2 before this Court till today.
2. The
main First Appeal is admitted by this Court on 26th
October 2007. This Court has also issued ‘rule’ in Stay Application
and granted ad-interim relief against the execution and
implementation of the award on condition to deposit the amount before
the Tribunal.
3. Learned
advocate Ms. Bhaya submitted that amount is already deposited by the
Insurance Company with the Claims Tribunal.
4. In
view of these facts, it is directed to Claims Tribunal concerned to
pay 30% thereof to the respondent
claimant ? Samantbhai Bhikhabhai Parmar by account payee cheque and
rest of the amount be invested in any Nationalized Bank in the name
of claimant initially for a period of five years with cumulative
interest with periodical renewal till the appeal is finally decided
by this Court. Said FDR, though in the name of the claimant, shall
remain with Nazir of the Tribunal concerned till the appeal is
finally decided by this Court. The claimant is not entitled for
interest upon the said FDR till the appeal is finally decided by this
Court.
5. Accordingly,
rule is made absolute to that extent.
[H.K.
RATHOD, J.]
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