Gujarat High Court Case Information System
Print
CA/3327/2007 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 3327 of 2007
In
FIRST
APPEAL No. 1186 of 2007
=========================================================
NATIONAL
INSURANCE COMPANY - Petitioner(s)
Versus
SHANTABEN
W/O. KESHAVBHAI DHANABHAI MAKWANA & 2 - Respondent(s)
=========================================================
Appearance
:
MR
DAKSHESH MEHTA for
Petitioner(s) : 1,
RULE SERVED for Respondent(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
Date
: 13/07/2007
ORAL
ORDER
The
present application is for interim injunction pending the First
Appeal.
Heard
Mr. Mehta for the applicant. The respondents are served but nobody
has appeared on behalf of the respondents.
This
court had passed order of granting ad-interim relief on condition to
deposit amount as per the order dated 27.04.2007. Mr. Mehta,learned
Counsel for the applicant declares before this Court that the amount
has been deposited and the condition is complied with. Hence,
ad-interim relief granted earlier shall continue as interim relief.
As
per the order dated 27.04.2007 passed by this Court in the present
application, the amount of admitted liability of Rs. 2,89,600/- is
outside the scope of the appeal and therefore the said order shall
continue. So far as the amount of liability under challenge of Rs.
1,20,000/- together with proportionate interest and cost is
concerned, the same shall be invested by the tribunal in the
nationalised Bank for the period of 5 years with the clause of
renewal in the event appeal is not finalised before the due date and
with the further condition that the claimant shall not be entitled
to raise any loan over such investment but shall be entitled to
interest periodically as and when it becomes due.
Application
is allowed to the aforesaid extent. Rule made absolute accordingly.
(JAYANT PATEL, J.)
Suresh*
Top