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FA/1863/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 1863 of 2008
With
CIVIL
APPLICATION No. 4516 of 2008
In
FIRST APPEAL No. 1863 of 2008
=========================================================
NEW
INDIA ASSURANCE CO LTD - Appellant(s)
Versus
RABARI
LILABEN KHIMA & 1 - Defendant(s)
=========================================================
Appearance
:
MS
LILU K BHAYA for
Appellant(s) : 1,
None for Defendant(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 25/08/2008
ORAL
ORDER
Heard
learned Advocate Ms. Lilu K.Bhaya for the appellant Insurance
Company.
Considering
her submissions, First Appeal admit.
In
Civil Application No. 4516 of 2008, rule returnable on 26.9.2008. Ad
interim relief in terms of para 5(A) on a condition that the
applicant shall have to deposit entire amount awarded by the claims
tribunal together with interest and costs before the claims tribunal
on or before the returnable date.
Amount
if any deposited by the appellant in the Registry of this Court be
transmitted to the Claims Tribunal concerned immediately.
After
realizing the amounts by the claims tribunal, it is directed to the
claims tribunal to pay 30% amount to the claimant Rabari Lilaben
Khimabhai by way of an account payee cheque drawn in her favour and
rest of the amount is to be invested in any nationalized bank
initially for a period of five years with cumulative interest with
periodical renewal from time to time in the name of the respondent
claimant but the FDR to remain with the Nazir of the claims tribunal
concerned till the appeal is decided by this Court. The respondents
claimants are not entitled to any amount of interest upon FDR till
appeal is finally decided by this Court.
(H.K.
Rathod,J.)
Vyas
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