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CA/16260/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 16260 of 2010
In
FIRST
APPEAL No. 4838 of 2010
======================================
NATIONAL
INSURANCE COMPANY LIMITED THROUGH REGIONAL OFFICE - Petitioner
Versus
INDIAN
ROADLINES PROP. P.V. MANEK & 2 - Respondents
======================================
Appearance :
MR
VIBHUTI NANAVATI for the Petitioner.
MR PREMAL RACHH for the
Respondents- original
claimant.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 04/02/2011
ORAL
ORDER
1. The
present application has been preferred by the applicant herein –
appellant – original opponent No.2 – National Insurance
Company Limited to stay further execution, implementation and
operation of the judgement and award dated 30/03/2010 passed by Motor
Accident Claims Tribunal (Main), Jamnagar in Motor Accident Claim
Petition No.385/2006.
2. While
issuing Rule in the present Civil Application, learned Single Judge
granted ad-interim relief by passing following order:
“Rule
returnable on 1st
February 2010.
Ad
interim stay is granted on condition that the applicant shall
deposit the entire awarded amount on
or before the returnable date. On deposit of the same 70% of the
amount shall be deposited by way of a fixed deposit, to be retained
with Nazir of the Tribunal, with a nationalised bank initially for a
period of three years, and on maturity shall be renewed by one
year at a time without any further orders in this regard till the
disposal of the appeal. The remaining 30% shall be allowed to be
withdrawn by the original claimant. The periodical interest that may
be accrued on the said deposit shall be paid to the original
claimants.”
3. Having
heard Mr.Vibhuti Nanavati, learned advocate appearing on behalf of
the applicant and Mr.Premal Rachh, learned advocate appearing on
behalf of the original claimants, ad-interim relief granted earlier
is directed to be continued as interim relief till final disposal of
the main First Appeal, on the same terms and conditions as per order
dated 22/12/2010 passed by this Court, as referred hereinabove. Rule
is made absolute to the aforesaid extent. No costs.
[M.R.SHAH,J]
*dipti
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