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CA/3976/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 3976 of 2011
In
FIRST
APPEAL No. 1108 of 2011
=========================================
NEW
INDIA ASSURANCE CO LTD - Petitioner(s)
Versus
HEIRS
OF DECEASED MAHMMAD UMAR FARUQBHAI, FARUQBHAI AHMAD- & 2 -
Respondent(s)
=========================================
Appearance :
MR
GC MAZMUDAR for
Petitioner(s) : 1,MR HG MAZMUDAR for Petitioner(s) : 1,
RULE
SERVED for Respondent(s) : 1 -
3.
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 21/06/2011
ORAL
ORDER
1. Present
application has been preferred by the applicant – appellant –
original opponent No.2 New India Assurance Co. Ltd. for appropriate
interim order to stay further implementation and operation of the
judgment and award dated 06.12.2010 passed by the learned Motor
Accident Claims Tribunal (Main), Rajkot in M.A.C.P. No.1032/2006. It
is to be noted that Appeal is already admitted and while issuing Rule
in the present application, learned Single Judge passed the following
ad-interim order on 01.04/2011.
RULE,
returnable on 09th May 2011. In the
meantime, there will be ad interim relief in terms of paragraph 7(A)
on condition that the applicant will deposit the entire decreetal
amount with the Tribunal before the returnable date. The Tribunal
will, in turn, invest 70% amount 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. The
FDR be retained by the Nazir of the Tribunal. Further orders as to
investment/ disbursement of the balance 30% amount will be passed on
the returnable date.
2. Though
served, nobody appears on behalf of the original claimants
3. Having
heard Shri Majmudar, learned advocate appearing on behalf of the
applicant and so as to protect the interest of the original claimants
and the amount awarded to the original claimants is not frittered
away, ad-interim relief granted earlier by order dated 01/04/2011 is
made absolute as interim relief till final disposal of the main First
Appeal on the same terms and conditions with further modification
that even the balance 30% of the amount also shall be invested by the
Tribunal in any Nationalized Bank by way of fixed deposit receipt
initially for a period of 3 years and the same shall be renewed from
time to time till final disposal of the main First Appeal. The FDRs
may be retained by the Nazir of the Tribunal. However, the claimants
shall be entitled to periodical interest on the aforesaid FDRs.
There shall be no loan or advance on the FDRs. Rule is made absolute
accordingly. No costs.
(M.R.
Shah, J.)
*menon
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