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CA/16353/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 16353 of 2010
In
FIRST
APPEAL No. 4858 of 2010
=========================================================
NEW
INDIA ASSURANCE COMPANY LIMITED - Petitioner(s)
Versus
VIMUBEN
HIMMATBHAI, WIDOW & 2 - Respondent(s)
=========================================================
Appearance :
MR
SHALIN N MEHTA for
Petitioner(s) : 1,
None for Respondent(s) : 1,
RULE SERVED for
Respondent(s) : 1.2.1, 1.2.2, 1.2.3, 1.2.4, 1.2.5, 1.2.6,
3,
UNSERVED-EXPIRED (R) for Respondent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE KS JHAVERI
Date : 14/03/2011
ORAL
ORDER
1.
This Court on 28.02.2011 had passed the following order :-
“With
a view to enable the learned counsel for the applicant to take action
for legal heirs of respondent no. 2, S.O. to 14.03.2011.”
2. In
spite of the aforesaid order, the learned counsel for the applicant
has not taken any action to substitute respondent no. 2. Respondent
no. 2 is the owner of the vehicle in question hence, no adverse order
is passed against him at this stage.
3. Ad-interim
relief granted earlier stands confirmed and shall continue as interim
relief pending the final disposal of the appeal. Out of the total
amount deposited by the applicant before the Tribunal concerned in
pursuance of the order dated 18.01.2011, the original claimants shall
be permitted to withdraw 30% of the said amount by Account Payee
cheque after proper verification. The balance 70% of the amount shall
be invested in the F.D.R. with a nationalized Bank on long term
basis, which shall be renewed from time to time, without any further
orders in that regard from this Court. The quarterly interest
accruing on such deposit shall be paid to the original claimants on
regular basis. Final orders regarding disbursement shall be passed at
the time of final disposal of the appeal.
4. With
the above observation and direction, the application stands disposed
of. Rule is made absolute to the above extent with no order as to
costs.
[K.S.
JHAVERI, J.]
/phalguni/
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