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CA/172/2006 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 172 of 2006
=========================================================
NEW
INDIA ASSURANCE CO LTD. - Petitioner(s)
Versus
VIJUBEN
PRABHUBHAI & 1 - Respondent(s)
=========================================================
Appearance
:
MR
HASMUKH THAKKER for
Petitioner(s) : 1,
MR KIRTIDEV R DAVE for Respondent(s) : 1 -
8.
MR RAHUL K DAVE for Respondent(s) : 1 - 8.
- for
Respondent(s) : 0.0.0
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE M.S.SHAH
and
HONOURABLE
MR.JUSTICE AKIL KURESHI
Date
: 13/11/2006
ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE AKIL KURESHI)
By
order dated 27.1.2006 while staying execution of the impugned award,
this Court had required the applicant to deposit the entire amount
awarded. Learned advocate Shri Thakker for the applicant states that
accordingly the applicant had deposited the amount in question before
the Claims Tribunal sometime in May 2006.
Out
of the amount deposited by the applicant herein, the Claims Tribunal
shall release 20% of the amount by account payee cheque in favour of
the widow of the deceased for and behalf of all the claimants. The
remaining amount shall be deposited in fixed deposit with
a nationalized bank near the residence of the claimants for a period
of five years with usual conditions about prohibition against
premature encashment/ encumbrance, etc. of the deposits, with
permission to the claimants to withdraw the interest periodically
accruing on such fixed deposits and with a direction to the Bank that
the bank accounts of the claimants shall not be operated by any power
of attorney holder who is not a close relative of the claimants.
For
the above purpose, it would be open to the Claims Tribunal to encash
the fixed deposit even if made pursuant to the order dated 27.1.2006
passed by this Court.
With
these directions, the civil application is disposed of. Rule is made
absolute.
(M.S.
SHAH, J.)
(AKIL
KURESHI, J.)
zgs/-
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