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CA/12782/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR ORDERS No. 12782 of 2010
In
CIVIL
APPLICATION - FOR STAY No. 1389 of 2010
In
FIRST
APPEAL No. 227 of 2010
=========================================================
MOHMADBHAI
GANDABHAI Applicant
Versus
HARUNBHAI
GANDABHAI & 3 - Respondents
=========================================================
Appearance :
MR
MTM HAKIM for
Applicant : 1,
None for Respondents : 1 - 3.
MR GC MAZMUDAR for
Respondent:
4,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 21/10/2010
ORAL
ORDER
Rule.
Mr. Mazmudar, learned advocate waives service of Rule on behalf of
respondent no.4- Insurance Company. By consent, rule is fixed
forthwith.
The
applicant-original claimant respondent in First Appeal has taken out
this Civil Application seeking appropriate order with regard to
disbursement of the amount awarded. As per the say of counsel for
the applicant, total amount of Rs.1,92,292/- has been deposited by
the appellant before the Tribunal. Out of which, as per the original
order of disbursement of 30% is to be made.
Learned
counsel for the respondent no.4 herein Insurance Company has
resisted the Civil Application and submitted that the court may pass
the appropriate order taking care of the Insurance Company.
Looking
to the facts and circumstances of the case, the claimants are
permitted to withdraw 30% of the amount deposited on proper
verification. The said withdrawal, however, be subject to result of
First Appeal. The remaining 70% amount shall be deposited in any
nationalized bank initially for a period of 5 years, which may be in
nature of accruing cumulative interest, and interest accrued
thereon shall be subject to final result of First Appeal.
Civil
Application is disposed of accordingly. Rule is made absolute to the
aforesaid extent. No costs.
(S.R.BRAHMBHATT,
J.)
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