Gujarat High Court Case Information System
Print
CA/5656/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 5656 of 2008
In
FIRST
APPEAL No. 2334 of 2008
=========================================================
NEW
INDIA ASSURANCE CO. LTD THROUGH INCHARGE- LEGAL CELL - Petitioner(s)
Versus
SHAKSHIBEN
RAJESHBHAI GANGARAM SANTANI & 4 - Respondent(s)
=========================================================
Appearance
:
MR
SHASHIKANT S GADE for
Petitioner(s) : 1,
None for Respondent(s) : 1 -
5.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 10/07/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.M.KAPADIA)
RULE.
Notice as to interim relief returnable on 28.8.2008.
By
way of ad interim relief impugned judgment and award dated 7.8.2007
rendered in MACP No. 550 of 2004 by the MACT(Aux.) FTC No. 6,
Nadiad, is stayed on condition that the Applicant / Appellant /
Insurance Company shall deposit 80% of the total awarded amount (as
the Applicant / Appellant / Insurance Company is held negligent to
the extent of 80%) together with the proportionate interest and cost
accrued thereon with the concerned Tribunal on or before the
returnable date. This shall include a sum of Rs.25000/- deposited
by the Applicant / Appellant / Insurance Company before this Court
at the time of filing the Appeal, which shall be transmitted to the
concerned Tribunal forthwith.
Necessary
order with regard to investment and disbursement of the amount
deposited by the Applicant / Appellant / Insurance Company before
the concerned Tribunal shall be passed on returnable date or
thereafter on Respondents / Claimants filing their appearance, after
hearing the Applicant / Appellant and the contesting Respondents /
Claimants.
(A.M.Kapadia,J)
(Z.K.Saiyed,J)
Jayanti*
Top