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FA/3107/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 3107 of 2008
With
CIVIL
APPLICATION No. 8349 of 2008
In
FIRST APPEAL No. 3107 of 2008
=========================================================
NEW
INDIA ASSURANCE CO. LTD. - Appellant(s)
Versus
DHULABHAI
KHATARABHAI AMBALIYA & 3 - Defendant(s)
=========================================================
Appearance
:
MS
MEGHA JANI for
Appellant(s) : 1,
None
for Defendant(s) : 1 -
4.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 29/07/2008
ORAL
ORDER
First
Appeal No.3107 of 2008
1. Heard
learned advocate Ms.Anushree Kapadia for learned advocate Ms.Megha
Jani on behalf of appellant ? Assurance Co.
2. I
have considered the submissions made by learned advocate Ms.Kapadia.
The question involved in the present appeal requires detailed
examination. Hence, the appeal is admitted.
Civil
Application No.8349 of 2008
1. Heard
learned advocate Ms.Anushree Kapadia for learned advocate Ms.Megha
Jani on behalf of applicant ? Assurance Co.
2. Rule
returnable on 8.9.2008.
3. Meanwhile,
ad-interim relief in terms of Para.3(a) on condition that applicant
shall deposit the entire awarded amount with the claims Tribunal
together with costs and interest on or before the returnable date.
4. The
claims Tribunal is directed that after realizing the amount deposited
by the applicant ? Assurance Co., 30% amount be disbursed in favour
of Dhulabhai Khatarabhai Ambaliya by account payee cheque and rest of
70% amount be invested in fixed deposit in any nationalized bank for
a period of 5 years with cumulative interest and with periodical
renewal and FDRs shall be in the name of respondents claimants and
remained with the Nazar of the Tribunal and respondents claimants are
not entitled any amount of interest upon said FDRs till the appeal is
finally decided by this Court.
5. It
is made clear that this disbursement order passed by this Court is
subject to result of main first appeal.
(H.K.RATHOD,J.)
(vipul)
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