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FA/589/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 589 of 2010
With
CIVIL
APPLICATION No. 2729 of 2010
In
FIRST APPEAL No. 589 of 2010
=========================================================
NATIONAL
INSURANCE COMPANY LTD - Appellant(s)
Versus
LEGAL
HEIRS OF DECEASED CHIRAG MAKWANA & 2 - Defendant(s)
=========================================================
Appearance
:
MR
NAGESH C SOOD for
Appellant(s) : 1,
MR SHAILESH C SHARMA for Defendant(s) : 1 -
2.
DS AFF.NOT FILED (N) for Defendant(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 12/05/2010
ORAL
ORDER
Order
in First Appeal No.589 of 2010:-
Despite
repeated opportunities to appear at the time of hearing and inspite
of the adjournments, the learned advocate for the opponents has not
attended the hearing.
Having
regard to the submissions made by the learned advocate appearing for
the appellant, Admit.
Order
in Civil Application No.2729 of 2010:-
Despite
repeated opportunities to appear at the time of hearing and inspite
of the adjournments, the learned advocate for the opponents has not
attended the hearing.
By
order dated 16/3/2010 ad interim relief in terms of para-8(A) was
granted. The said relief was granted in light of the submission of
the learned advocate for the applicant-appellant that the insurance
company has deposited the entire awarded amount with interest and
cost.
As
mentioned above, despite repeated opportunities the opponents have
not remained present though served and in view of the fact that the
appeal has been admitted and the opponents have not remained present
to oppose the application, ad interim relief granted by order dated
16/3/2010 is hereby confirmed.
It
is further directed that the learned Tribunal shall immediately
invest the entire awarded amount in fixed deposit with nationalised
bank in the name of Nazir of the Tribunal. The opponents or any one
on their behalf will not be allowed to create in any manner
whatsoever any charge against the fixed deposit. The fixed deposit
will be taken out in cumulative interest scheme and interest will not
be disbursed.
Since
the present order is passed in absence of the opponents, it would be
open to the opponents to move appropriate application for
modification in the order or for disbursement.
With
the aforesaid clarification and direction, the relief prayed for in
para-8(A) is confirmed and it will enure until the final decision of
the appeal. Rule is made absolute to the aforesaid extent and the
application stands disposed of.
(K.M.THAKER,
J.)
(ila)
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