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FA/2820/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST
APPEAL No. 2820 of 2010
With
CIVIL
APPLICATION No. 11127 of 2010
In
FIRST APPEAL
No. 2820 of 2010
=================================================
UNITED
INDIA INSURANCE COMPANY LTD - Appellant
Versus
LILABEN
GANPATBHAI VASAVA & 3 - Defendants
=================================================
Appearance :
MR
RAJNI H MEHTA for Appellant:
None for Defendants : 1 -
4.
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CORAM
:
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 22/09/2010
ORAL
ORDER
F.A.
NO. 2820 OF 2010
Shri
Parikh for Mr. Rajni Mehta for the appellant submits that the First
Appeal arising out of same accident being First Appeal No. 3222 of
2005 has been admitted by this Court (Coram: Bhawani Singh, C.J. &
H.K. Rathod, J) on 11/10/2005; and another First Appeal No. 2426 of
2007 has also been admitted by learned Single Judge (Coram: Jayant
Patel, J) on 9/7/2007.
Shri
Parikh submits that, in view of this, present appeal arising out of
same accident deserves to be admitted. Hence present appeal is
admitted.
C.A.
NO. 11127 OF 2010
Shri
Parikh, learned advocate for the applicant has placed
on record the order passed by this Court in Civil Application No.
6602 of 2007 in First Appeal No. 2426 of 2007, and submitted that
similar order could be passed. However, I am of the view that, let
there be a notice to the other side and, after hearing them, the
order could be made. Hence RULE returnable on 25/10/2010.
In
the meantime and till the returnable date, ad-interim stay in terms
of prayer para no. 6 (i) is granted, on condition of depositing the
entire amount of award within four weeks hereof. It goes without
saying that, appropriate order of disbursement of depositing would be
passed after hearing the other side.
[ S.R. BRAHMBHATT, J ]
/vgn
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