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CA/6351/2009 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR DIRECTION No. 6351 of 2009
In
FIRST
APPEAL No. 2491 of 2008
=========================================================
NATIONAL
INSURANCE CO. LTD. - Petitioner(s)
Versus
KALIBEN
RAJUBHAI VAGHRI & 1 - Respondent(s)
=========================================================
Appearance
:
MS
LILU K BHAYA for
Petitioner(s) : 1,
None for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 05/03/2010
ORAL
ORDER
The
applicant has preferred present application seeking below mentioned
prayer:
(A) To
direct the Registry to transfer the amount of Rs.12,500/- deposited
by the applicant with the Registry of the Hon’ble Court as deposit
under Sec.173 of the M. V. Act vide cheque no.498996 dated 30.1.2008
drawn in the name of the Registrar, High Court of Gujarat drawn on
UCO Bank, Nadiad forthwith.
(B) To
dispense with affidavit in support hereof as the facts are matters of
record.
(C) To
pass such further orders as may be necessary looking to the facts and
circumstances of the case.
Heard
Ms. Jayshree Hingorani, learned advocate for Ms. Lilu Bhaya, learned
advocate for the applicant.
Learned
advocate Ms. Jayshree Hingorani has submitted that the appeal itself
has been disposed of by order dated 25/8/2008. In the said order,
the Court has passed specific direction with regard to the amount
deposited as well as with regard to the disbursement of the amount
granted in the award. Hence, as such the application is rendered
infructuous. In view of the fact that the appeal itself is disposed
of, present application cannot be entertained. However, with regard
to the relief prayed for in para-4(A), it is clarified that the
amount deposited by the appellant shall be governed by the direction
given by the Court in First Appeal No.2491 of 2008.
With
the aforesaid clarification, the application is disposed of.
(K.M.THAKER,
J.)
(ila)
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