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CA/8129/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 8129 of 2011
In
FIRST
APPEAL No. 1724 of 2011
=========================================================
NATIONAL
INSURANCE COMPANY - Petitioner(s)
Versus
LEGAL
HEIRS OF RAMESHBHAI GORDHANBHAI MACHHI, KETANBHAI & 2 -
Respondent(s)
=========================================================
Appearance
:
MR
DAKSHESH MEHTA for
Petitioner(s) : 1,
RULE SERVED for Respondent(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE G.B.SHAH
Date
: 11/10/2011
ORAL
ORDER1. Learned
advocate Mr.Dakshesh Mehta for the applicant states that in light of
the order dated 28.07.2011 passed by this Court, the applicant has
deposited the awarded amount to the tune of Rs.2,01,817/- along with
the amount of Rs.25,000/- towards Section 173 of the M.V. Act.
2. In
above view of the matter, order dated 28.07.2011
passed by this Court has been complied by the applicant. Hence,
interim relief granted by order dated 28.07.2011
is hereby confirmed.
3. It
appears that the Rule issued to respondent Nos.1 to 2 i.e. the
original claimants has been duly served but none has filed his
appearance on their behalf.
4. Hence,
the Tribunal is directed to invest the entire awarded amount
deposited by the applicant in a Fixed Deposit in the name of Nazir of
the Tribunal in any nationalized bank initially for a period of three
years and such Fixed Deposit shall be renewed from time to time till
final disposal of the First Appeal. The said Fixed Deposit shall be
retained with the Nazir of the Tribunal.
5. The
respondent Nos.1 to 2-original claimants are at liberty to move
before this Court with regard to the modification of the above order,
in case of necessity.
6. In
view of the above, this application is allowed. Rule is made absolute
to the aforesaid extent.
(G.B.SHAH,
J.)
Hitesh
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