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CA/11260/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 11260 of 2010
In
FIRST
APPEAL No. 2833 of 2010
=========================================
NATIONAL
INSURANCE CO LTD - Petitioner(s)
Versus
NATUBHAI
AMBALAL GOHIL & 1 - Respondent(s)
=========================================
Appearance
:
MR MEHUL
SHARAD SHAH for
Petitioner(s) : 1,
SERVED BY RPAD - (N) for Respondent(s) : 1,
MR
MEHUL S SHAH for Respondent(s) : 2,
MR SURESH M SHAH for
Respondent(s) : 2,
MR VISHAL C MEHTA for Respondent(s) :
2,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 14/02/2011
ORAL
ORDER1. RULE.
Shri Vishal Mehta, learned advocate waives service of notice of Rule
on behalf of respondent No.2. In the facts and circumstances of the
case and with the consent of learned advocates appearing for
respective parties, application is taken up for final hearing today.
2. Present
application has been preferred by the applicant herein –
appellant – original opponent No.2 National Insurance Company
Limited for interim relief to stay further execution, implementation
and operation of the impugned judgment and award dated 29.04.2010
passed by the learned Motor Accident Claims Tribunal (Auxi.), 2nd
Fast Track Court, Anand in M.A.C.P. No.332/2007, during the pendency
and final disposal of the main First Appeal.
3. Though
served, nobody appears on behalf of respondent No.1 – original
claimant.
4. Having
heard Shri Mehul S. Shah, learned advocate appearing on behalf of the
appellant and Shri Vishal Mehta, learned advocate appearing on behalf
of respondent No.2 and considering the defence raised by the
applicant herein – original appellant, Ad-interim relief
granted earlier is directed to
be continued as INTERIM RELIEF
till final disposal of the main First Appeal No.2833/2010. It is
reported that pursuant to the ad-interim order passed by this Court
dated 23.09.2010, the applicant has deposited the entire amount
before the Tribunal. Hence, Tribunal is directed to invest entire
amount deposited by the applicant in the name of Nazir in fixed
deposit in any Nationalized Bank initially for a period of five years
and continue to renew the same from time to time. However, claimant
shall be entitled to withdraw the periodical interest on the same,
however, the same shall be without prejudice to the rights and
contentions of respective parties in the First Appeal subject to
ultimate outcome of main First Appeal. Rule is made absolute to the
aforesaid extent. No costs.
(M.R.
Shah, J.)
*menon
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