National vs Ilashiben on 30 July, 2008

  
	 
	 
	 
	 
	 
	 
	 
	

 
 


	 

CA/519220/2008	 2/ 2	ORDER 
 
 

	

 

IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
 

 


 

CIVIL
APPLICATION - FOR STAY No. 5192 of 2008
 

In
FIRST APPEAL No. 2108 of 2008
 

To


 

CIVIL
APPLICATION - FOR STAY No. 5194 of 2008
 

In
FIRST APPEAL No. 2110 of 2008
 

 


 

 
 
=========================================================

 

NATIONAL
INSURANCE CO. LTD. - Petitioner(s)
 

Versus
 

ILASHIBEN
JAIGOPAL DAVE & 3 - Respondent(s)
 

=========================================================

 

 
Appearance
: 
MR
SUNIL B PARIKH for Petitioner(s) : 1, 
MR AD DESAI for
Respondent(s) : 1 - 2. 
LOPA M BHATT for Respondent(s) : 1 - 2. 
MR
BIJU A NAIR for Respondent(s) : 3, 
RULE SERVED for Respondent(s) :
4, 
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CORAM
			: 
			
		
		 
			 

HONOURABLE
			MR.JUSTICE BHAGWATI PRASAD
		
	
	 
		 
		 
			 

and
		
	
	 
		 
		 
			 

HONOURABLE
			MR.JUSTICE S.R.BRAHMBHATT
		
	

 

 
 


 

Date
: 30/07/2008 

 

 
 
ORAL
ORDER

(Per
: HONOURABLE MR.JUSTICE BHAGWATI PRASAD)

It
is ordered that out of the total amount deposited, 50% will be
disbursed to the claimants on the condition that they furnish an
undertaking to the effect that they will return the amount with
interest at the prevailing bank rate in case they lose in appeal.
Remaining 50% of the amount shall be deposited in a nationalised bank
for a period of five years. However, in the meanwhile, if the appeal
is not decided the Fixed Deposit will be renewed. The stipulation
will be made with the bank that the renewal of the FDR shall be
automatic.

With
the aforesaid observations, these Civil Application are disposed of.
Rule is made absolute accordingly.

(BHAGWATI
PRASAD, J)

(S.R.

BRAHMBHATT, J)

(pkn)