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CA/11388/2009 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR INTERIM RELIEF No. 11388 of 2009
In
FIRST
APPEAL No. 4119 of
2009
=========================================================
ROYAL
SUNDARAM ALLIANCE INSURANCE COMPANY - Petitioner(s)
Versus
PRATAPBHAI
MOTIBHAI SOLANKI LEGAL HEIR AND BROTHER OF & 1 - Respondent(s)
=========================================================
Appearance
:
MR
DAKSHESH MEHTA for
Petitioner(s) : 1,
RULE SERVED for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 18/03/2010
ORAL ORDER
By
order dated 28.10.2009, the Appeal being First Appeal No.4119 of 2009
has been admitted. By order of even date, the Civil Application being
Civil Application (for interim relief) No.11388 of 2009 also came to
be admitted and interim relief in terms of para 4(A) was granted on
condition that the applicant must deposit the decreetal amount. The
Court also permitted withdrawal/payment of interest in favour of the
claimants.
Subsequently
on 21.12.2009 another order came to be passed in the Civil
Application whereby the Court has permitted withdrawal
by/disbursement in favour of claimants, 30% of the deposited amount,
on the terms and conditions mentioned in the order.
Heard
Mr. Mehta, learned advocate for the applicant. The cause list and the
record shows that the Rule has been served to the respondent Nos.1
and 2.
Having
regard to the facts and circumstances of the case as well as the fact
that the Appeal has been admitted and the interim relief was granted
by orders dated 28.10.2009 and 21.12.2009, it appears appropriate and
in the interest of justice that the interim relief granted earlier be
confirmed on the same terms and conditions as mentioned in the order
dated 28.10.2009 read with order dated 21.12.2009. The interim relief
will continue to enure on the same terms and conditions as mentioned
in the orders dated 28.12.2009 and 21.12.2009 until final hearing or
until any other or further order is passed.
On
the aforesaid terms and conditions, the interim relief granted
earlier is confirmed. Rule is made absolute in the aforesaid terms
and to the aforesaid extent. The application is, accordingly,
disposed of.
[K.M.Thaker,
J.]
kdc
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