Gujarat High Court Case Information System Print CA/13642/2009 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL APPLICATION - FOR STAY No. 13642 of 2009 In FIRST APPEAL No. 4648 of 2009 ===================================== NATIONAL INSURANCE COMPANY LIMITED - Petitioner(s) Versus AMARSHIBHAI AMTHUBHAI & 1 - Respondent(s) ===================================== Appearance : MR MAULIK J SHELAT for Petitioner(s) : 1, None for Respondent(s) : 1, 1.2.1, 1.2.2, 1.2.3, 1.2.4, 1.2.5,1.2.6 - 2. ===================================== CORAM : HONOURABLE MR.JUSTICE H.K.RATHOD Date : 29/01/2010 ORAL ORDER
learned Advocate Mr. MJ Shelat, appearing on behalf of applicant and
learned Advocate Ms. Amrita Ajmera, appearing on behalf of respondent
nos. 1/1 to 1/6.
Ms. Ajmera waives service of notice of rule on behalf of respondent
nos. 1/1 to 1/6. With consent of both learned Advocates, the matter
is taken up for Final Hearing.
Relief granted in terms of Para 3(A) on a condition that the
appellant – applicant shall deposit entire amount of award together
with cost and interest before the Claims Tribunal, Surendranagar
within a period of 06 weeks from the date of receipt of copy of
present order. After realizing the said amount from applicant –
appellant – Insurance Company, it is directed to Claims Tribunal,
Surendranagar to pay 30% amount by A/c. Payee Cheque in the name of
Amarshibhai Amthubhai after proper verification. The rest of the
amount is to be invested in the Nationalized Bank for a period of 03
years in the name of respondent – claimant but FDR shall remain with
the Nazir of the Claims Tribunal. The said FDR shall be renewed
periodically till the appeal is finally decided. The respondent –
claimant is entitled to periodical interest upon the said FDR till
the appeal is finally decided by this Court.
is made absolute to the aforesaid extent accordingly.
H. K. Rathod, J. ]