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CA/860/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 860 of 2010
In
FIRST
APPEAL No. 141 of 2010
=========================================================
NATIONAL
INSURANCE CO.LTD - Petitioner(s)
Versus
KISHORBHAI
PADALIA, THROUGH MUKTABEN CHHAGANBHAI PADALIA & 5 - Respondent(s)
=========================================================
Appearance
:
MR
SUNIL B PARIKH for
Petitioner(s) : 1,
None for Respondent(s) : 1 -
6.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 01/02/2010
ORAL
ORDER
Heard
learned advocate Mr. Sunil B. Parikh appearing on behalf of applicant
Insurance Company.
Rule
returnable on 26 th
February 2010.
Ad-interim
relief in terms of Para 6(i) on condition that applicant shall have
to deposit entire awarded amount before the Claims Tribunal together
with cost and interest on or before returnable date.
Amount,
if any, deposited by Insurance Company in registry of this Court be
transmitted to Claims Tribunal concerned immediately.
After
realising the amount from applicant – Insurance Company together with
accrued interest and costs, and amount, if any, transmitted by
registry of this Court, it is directed to Claims Tribunal concerned
to pay 30% thereof to respondent claimant Muktaben Chhaganbhai
Padaliya by account payee cheque after proper verification and rest
of amount be invested in any Nationalized Bank in name of respondent
claimant initially for a period of three years with periodical
renewal till first appeal is finally decided by this Court. Said FDR,
though in name of respondent claimant, shall remain with Nazir of
Claims Tribunal concerned till first appeal is finally decided by
this Court.
The
respondent claimant is entitled for periodical interest upon said FDR
till first appeal is finally decided by this Court.
[H.K.
RATHOD, J.]
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