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CA/2734/2002 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 2734 of 2002
In
FIRST
APPEAL No. 710 of 2002
=========================================================
UNITED
INDIA INS.CO.LTD - Petitioner(s)
Versus
GANPATLAL
LALJIBHAI NAI & 3 - Respondent(s)
=========================================================
Appearance
:
(MR
PV NANAVATI) for
Petitioner(s) : 1,
RULE SERVED for Respondent(s) : 1 -
3.
UNSERVED-EXPIRED (R) for Respondent(s) : 4,
None for
Respondent(s) : 4.2.1,4.2.2
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 31/07/2008
ORAL
ORDER
1. Heard
learned advocate Mr. Thomas for learned advocate Mr. Nanavati
appearing on behalf of applicant and learned advocate Mr. P.S. Patel
appearing on behalf of opponents No.1 and 3.
2. The
First Appeal No.710 of 2002 is admitted by this Court and in Civil
Application, ‘rule’ is made returnable and ad-interim relief is
granted on condition to deposit the entire awarded amount together
with cost and interest before the Tribunal.
3. Learned
advocate Mr. Patel also submitted that the amount is deposited before
the Tribunal, but, not disbursed in favour of claimants till today.
More than six years have been passed.
4. Therefore,
considering this fact, it is
directed to Tribunal concerned to pay 40% thereof to the respondent
claimant ? Ganpatlal Laljibhai Nai by account payee cheque and rest
of the amount be invested in any Nationalized Bank in the name of
claimant initially for a period of five years with periodical renewal
till the appeal is finally decided by this Court. Said FDR, though in
the name of the claimant, shall remain with Nazir of the Tribunal
concerned till the appeal is finally decided by this Court. The
claimant is entitled for interest upon the said FDR till the appeal
is finally decided by this Court.
5. Accordingly,
rule is made absolute to that extent.
6. Registry
is directed to notify First Appeal No.710 of 2002 for final hearing
on 13th August 2008.
[H.K.
RATHOD, J.]
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