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FA/292820/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 2928 of 2009
With
CIVIL
APPLICATION No. 7895 of 2009
In
FIRST APPEAL No. 2928 of 2009
=========================================================
NEW
INDIA ASSURANCE CO.LTD DIVISIONAL OFFICE, NADIAD - Appellant(s)
Versus
CHHITABHAI
M WAGHELA & 3 - Defendant(s)
=========================================================
Appearance
:
MR
VIBHUTI NANAVATI for
Appellant(s) : 1,
None
for Defendant(s) : 1 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 23/07/2009
ORAL
ORDER
FIRST
APPEAL No.2928 of 2009
1. Heard
learned advocate Mr.Vibhuti Nanavati for the appellant Insurance
Co.
2. Considering
the submissions, the appeal is admitted.
(H.K.RATHOD,J.)
CIVIL APPLICATION No.7895 of 2009
1. Heard learned advocate Mr.Vibhuti Nanavati for applicant Insurance Co.
2. Rule returnable on 20.8.2009.
3. Ad-interim relief in terms of Para.6(A) on condition that applicant Insurance Co. shall deposit entire awarded amount together with cost and interest before claims Tribunal concerned on or before returnable date.
4. After realizing the amount from applicant Insurance Co., the claims Tribunal is directed to pay 30% amount by account payee cheque in name of Fatehsinh Magalbhai Jadav after proper verification and rest of the amount be invested in any nationalized bank for a period of three years in name of respondents claimants but FDRs shall remain with Nazar of claims Tribunal which requires periodical renewal till the appeal is finally decided by this Court. The respondents claimants are entitled periodical interest upon said FDRs till the appeal is finally decided by this Court.
(H.K.RATHOD,J.)
(vipul)
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