Gujarat High Court Case Information System
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FA/4965/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 4965 of 2010
With
CIVIL
APPLICATION No. 16705 of 2010
In
FIRST APPEAL No. 4965 of 2010
=========================================================
NATIONAL
INSURANCE COMPANY, REGIONAL OFFICE AT HASUBHAI - Appellant(s)
Versus
NATUBHAI
TABHUBHAI KORI PATEL & 3 - Defendant(s)
=========================================================
Appearance
:
MR
DAKSHESH MEHTA for
Appellant(s) : 1,
None for Defendant(s) : 1, 4,
MR.HIREN M MODI
for Defendant(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date
: 28/12/2010
ORDER
IN FIRST APPEAL :
The
appeal is ADMITTED.
(K.S.
Jhaveri, J)
ORDER
IN CIVIL APPLICATION :
Heard.
Rule, returnable on 15th
February 2011.
There
will be ad interim relief in terms of paragraph 4(A) on condition
that the applicant will deposit the entire amount awarded by the
Tribunal with the Tribunal. Out of which, the original claimants are
permitted to withdraw 30% of the amount. The Tribunal is directed to
invest the balance 70% of the amount awarded in a Nationalized
Bank by way of an FDR initially for a period of three years and the
same shall be renewed from time to time till final disposal of the
main appeal, subject
to outcome of the First Appeal. The Tribunal is directed to pay
quarterly interest accumulated on the said FDR to the concerned
opponent-orig.claimants by an account payee cheque. The FDR be
retained by the Nazir of the Tribunal.
(K.S.
Jhaveri, J)
Aakar
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