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CA/1979/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 1979 of 2011
In
FIRST
APPEAL No. 459 of 2011
======================================
UNITED
INDIA INSURANCE CO LTD - Petitioner
Versus
ABJIBHAI
DALABHAI PARGI & 2 - Respondents
======================================
Appearance :
MR
GC MAZMUDAR for Petitioner(s) : 1,MR HG MAZMUDAR for Petitioner(s) :
1,
RULE SERVED for Respondent(s) : 1 -
3.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 09/05/2011
ORAL
ORDER
1. The
present application has been preferred by the applicant herein –
original Opponent No.3 – Insurance Company to stay the impugned
judgement and award dated 20/05/2010 passed by learned Motor Accident
Claims Tribunal (Main), Dahod in MACP No.7299/2004.
2. Though
served, nobody appears on behalf of the respondents.
3. Heard
Mr.Mazmudar, learned advocate appearing on behalf of the applicant.
4. While
admitting the aforesaid appeal and issuing Rule in the Civil
Application, learned Single Judge has granted ad-interim relief in
terms of Para-7(A) vide order dated 24/02/2011 and passed the
following order:
“Heard. Rule
returnable on 5th April 2011.
There
will be ad interim relief in terms of paragraph 7(A) on condition
that the applicant will deposit the entire awarded amount with the
Tribunal before the returnable date. On the deposit being made, 70%
of the same will be invested by way of F.D.R. in a nationalized Bank
initially for a period of three years and on maturity shall be
renewed by one year at a time till the disposal of the appeal.
The quarterly Interest accruing on such deposit will be
paid to the claimants.
The said FDR shall be retained with the Nazir of the Tribunal. The
further orders as to disbursement of the balance 30% amount will be
passed on the returnable date.”
5. Under
the circumstances and considering the above, ad-interim relief
granted earlier by this Court vide order dated 24/02/2011 is hereby
made absolute and is directed to be continued till final disposal of
the main First Appeal on the same terms and conditions. Rule is made
absolute accordingly. No costs.
[M.R.SHAH,J]
*dipti
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