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CA/11022/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 11022 of 2008
In
FIRST
APPEAL No. 4603 of 2008
=========================================================
THE
ORIENTAL INSURANCE CO LTD - Petitioner(s)
Versus
RAMILABEN
WD/O DASHRATBHAI MAFATBHAI PATEL & 3 - Respondent(s)
=========================================================
Appearance
:
MR
KK NAIR for
Applicant.
MR LR PATHAN for Opponent Nos.1 to
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE C.K.BUCH
and
HONOURABLE
MR.JUSTICE H.B.ANTANI
Date
: 23/09/2008
COMMON
ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE C.K.BUCH)
Heard
Shri K.K. Nair, learned counsel appearing for the applicant and Shri
L.R. Pathan, learned counsel appearing for opponent nos.1 to 3. The
main relief is against opponent nos.1 to 3, who are before us
through learned Advocate Shri L.R. Pathan.
Today
we have admitted the appeal preferred by the applicant herein
against the judgment and decree dated 21st January 2008
passed by the learned 2nd Additional Senior Civil Judge,
Surat, in Special Civil Suit No.390 of 1999.
Having
considered the nature of judgment and order under challenge and the
damages granted to a person deceased who succumbed to the electric
shock received by him, the request to stay the execution of decree
can be accepted subject to appellant deposits the entire decreetal
amount with the trial Court within a period of four weeks from
today. Shri Nair submits that the appellant- Insurance Company shall
abide by the orders which may be passed by this Court in this
respect.
Hence,
the appellant is hereby directed to deposit the entire decreetal
amount before the trial Court within a period of four weeks from
today. On deposit of the amount, there shall be stay of judgment and
decree under challenge in the appeal till final disposal of the
appeal.
It
is, however, observed that on depositing the decreetal amount by the
applicant, opponent nos.1 to 3 shall be at liberty to approach this
Court by moving a Civil Application for withdrawal/ disbursement of
the amount deposited by the applicant.
In
view of aforesaid observations and discussion, the present
application is hereby allowed accordingly.
(C.K.
Buch, J)
(H.B.
Antani, J)
Aakar
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