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CA/15513/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 15513 of 2010
In
FIRST
APPEAL No. 4562 of 2010
=========================================================
ORIENTAL
INSURANCE COMPANY LIMITED, REGD. OFFICE AT ORIENTAL - Petitioner(s)
Versus
VASANTIBEN
BHARATBHAI PATEL & 3 - Respondent(s)
=========================================================
Appearance
:
MS
KARUNA V RAHEVAR for
Petitioner(s) : 1,
MS AMRUTA AJMERA for Respondent(s) : 1 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE V. M. SAHAI
Date
: 20/01/2011
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
Heard
learned advocate Ms.Karuna Rahevar for the applicant and learned
advocate Ms.Amruta Ajmera for respondents Nos.1, 2 and 3.
2. Ms.Rahevar
states that as per the order passed by this Court on 10.12.2010, the
awarded amount with cost and interest has been deposited with the
Tribunal. In that view of the matter, the ad-interim relief granted
earlier by this Court is made as interim relief till final disposal
of the appeal, subject to the following directions:
3. It
is indicated that an amount of Rs.14,62,000/- is awarded by the
Tribunal, out of which, the applicant-appellant challenges by way of
this appeal, an amount of Rs.7,35,984/- only. Considering the
interest accrued on the awarded amount and the cost, the appellant
has deposited Rs.18,27,621/-. Out of that, an amount of Rs.9,00,000/-
shall be placed in cumulative term deposit in any Nationalised Bank
in the name of the Nazir of the Court for a period of five years
initially, and shall be renewed from time to time for a period of one
year till the disposal of the appeal or till any order that may be
passed by this Court.
Out
of the remaining amount, an amount of Rs.3,00,000/- shall be placed
in term deposit with any Nationalised Bank in the name of claimant
Vasantiben Bharatbhai Patel for a period of five years initially, to
be renewed from time to time till the disposal of the appeal or any
order that may be passed by this Court. The periodical interest that
shall accrue thereon shall be paid to claimant Vasantiben Bharatbhai
Patel. The Fixed Deposit receipts shall be kept in custody of the
Nazir of the Court.
An
amount of Rs.1,50,000/- shall be placed in the names of claimant
Ketulkumar Bharatbhai Patel and Krupal Bharatbhai Patel each, in term
deposit with any Nationalised Bank for a period of five years
initially for a period of five years, to be renewed from time to time
till the final disposal of the appeal or any other order that may be
passed by this Court. The periodical interest shall accrue thereon
shall be paid to them. The Fixed Deposit receipts shall be kept in
custody of Nazir of the Court.
The
amount remaining thereafter from the amount deposited by the
applicant-appellant, after deducting the Court fees etc., shall be
paid to the three claimants in the ratio of 2:1:1 respectively.
The
application is allowed in terms above. Rule is made absolute
accordingly. No order as to costs.
(A.L.Dave,
J.)
Sreeram. (V.M.Sahai,
J.)
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