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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
1. Heard,
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.
2. Rule.
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.
3. Interim
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.
4. Rule
is made absolute to the aforesaid extent accordingly.
[
H. K. Rathod, J. ]
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