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FA/237/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 237 of 2010
=========================================================
NEW
INDIA ASSURANCE CO LTD MEHSANA - Appellant(s)
Versus
MEHTA
SUNILKUMAR POPATLAL & 1 - Defendant(s)
=========================================================
Appearance :
MR
VIBHUTI NANAVATI for
Appellant(s) : 1,
MR MAHESH BHAVSAR for Defendant(s) : 1,
None
for Defendant(s) :
2,
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CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 10/02/2010
ORAL
ORDER
Heard
learned Advocate Mr. Vibhuti Nanavati on behalf of appellant.
Reliance has been placed upon the decision of Apex Court in the case
of Ningamma & Anr. Vs. United India Insurance Co. Ltd.
reported in 2009 (8) Scale 244.
I
have considered submissions made by learned Advocate Mr. Mahesh
Bhavsar appearing on behalf of claimant. Considering their
submissions, question involved in this appeal is required to be
examined. Hence, admitted.
ORDER
IN CIVIL APPLICATION NO.1478/2010
RULE
returnable on 10th March, 2010. Meanwhile, ad-interim
relief in terms of Paragraph 6.(A) on condition that
appellant-applicant shall have to deposit entire awarded amount
together with cost and interest before Claims Tribunal, Mehsana on
or before returnable date. After realising said amount from
appellant-applicant, it is directed to Claims Tribunal, Mehsana to
invest entire amount with cumulative interest in name of respondent
claimant but FDR is to remain with Nazir of Claims Tribunal, Mehsana
which requires periodical renewal till First Appeal is finally
decided by this Court. It is made clear that respondent-claimants
are not entitled to any amount of interest from the said FDR till
the First Appeal is finally decided by this Court.
Learned
Advocate Mr. Bhavsar waives service of notice in appeal as well as
in Civil Application on behalf of respondents.
(H.K.
Rathod, J.)
Caroline
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