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FA/2674/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 2674 of 2008
With
CIVIL
APPLICATION No. 6915 of 2008
=========================================================
UNITED
INDIA INSURANCE COMPANY LIMITED - Appellant(s)
Versus
ALPABEN
ASHISHKUMAR PATEL & 5 - Defendant(s)
=========================================================
Appearance
:
MR
RAJNI H MEHTA for
Appellant(s) : 1,
MR HARSHAD K PATEL for Defendant(s) : 1 -
4.
None for Defendant(s) : 5 -
6.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.M.KAPADIA
and
HONOURABLE
MR.JUSTICE Z.K.SAIYED
Date
: 11/07/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE A.M.KAPADIA)
ORDER
IN APPEAL:
1. Appeal
is ADMITTED. Mr H.K. Patel learned advocate for respondents
no. 1 to 4- ori. claimants waives service of notice.
R &
P of M.C.A. Petition No. 405/2001 be called for from the MAC
Tribunal, Bharuch so as to reach to this Court on or before 1.8.2008.
ORDER
IN CIVIL APPLICATION:
2. Rule.
Notice as to interim relief returnable on 8.8.2008. Mr. H.K. Patel
learned advocate for the respondents no. 1 to 4 ? ori. Claimants
waives service of notice.
3. By
way of ad interim relief, the impugned award dated 5.9.2007 rendered
in MAC Petition No. 405/2001 by the learned Additional District
Judge, Motor Accident Claims Tribunal (Aux.), FTC No. 4, Bharuch, is
stayed on condition that the applicant-appellant – United India
Insurance Co. Ltd., deposits the entire awarded amount together with
interest accrued thereon and also costs, before the concerned Claims
Tribunal on or before returnable date. This shall includes the sum of
Rs. 25000/- deposited by the applicant/appellant before this Court at
the time of filing the appeal, which shall be transmitted to the
concerned Claims Tribunal by the Registry, forthwith.
4. The
order with regard to the investment and disbursement shall be passed
on returnable date after hearing the learned advocates for the
contesting parties.
(A.M.
KAPADIA, J.)
(Z.K.
SAIYED, J.)
mandora/
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