CA/3828/2008 2/ 2 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD CIVIL APPLICATION - FOR STAY No. 3828 of 2008 In FIRST APPEAL No. 1498 of 2008 ========================================================= NEW INDIA ASSURANCE COMPANY LIMITED THROUGH LEGAL CELL - Petitioner(s) Versus JENAMBIBI RAJAKMIYA MATARI & 6 - Respondent(s) ========================================================= Appearance : (MR PV NANAVATI) for Petitioner(s) : 1,MR VIBHUTI NANAVATI for Petitioner(s) : 1, None for Respondent(s) : 1, MS SEJAL K MANDAVIA for Respondent(s) : 1.2.1, 1.2.2, 1.2.3, 1.2.4,1.2.5 MR AMAR D MITHANI for Respondent(s) : 2 - 3. ========================================================= CORAM : HONOURABLE MR.JUSTICE H.K.RATHOD Date : 29/07/2008 ORAL ORDER
Heard
learned Advocate Mr. Vibhuti Nanavati for New India Assurance Co.
Ltd. Learned Advocate Mr. Nanavati submitted that as per the order
passed by this Court on 1st July, 2008 in Stay
Application No. 3828 of 2008, amount as directed by this court, is
deposited by the Insurance Company, Rs.3,50,000.00.
At
this stage, it is directed to the Claims Tribunal to pay 30% amount
amongst the deposited amount with accruing interest by account payee
cheque drawn in the name of respondent No.1 Jenambibi Rajakmiya
Matari. Rest of the amount is to be invested in any nationalized
bank initially for a period of five years in the name of the
respondents claimants and FDRs is to remain with the Nazir of the
Claims Tribunal with cumulative interest with periodical renewal
till the appeal is finally decided by this Court. It is further
directed to the appellant Insurance Co. to deposit entire amount
awarded by the claims tribunal together with interest and costs
after adjusting the amount which has been deposited by the insurance
company, before the claims tribunal on or before 29th
August, 2008. Matter is adjourned to 29th August, 2008.
(H.K.
Rathod,J.)
Vyas