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CA/8401/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 8401 of 2008
In
FIRST APPEAL No.
3108 of 2008
=================================================
UNITED
INDIA INSURANCE CO. LTD - Petitioner
Versus
MAYABEN
JAGDISHCHANDRA JOSHI & 5 - Respondents
=================================================
Appearance :
MR
HASMUKH THAKKER for Petitioner:
MR MOHSIN M. HAKIM for
Respondents : 1 -
6.
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE BHAGWATI PRASAD
and
HONOURABLE
MR.JUSTICE S.R.BRAHMBHATT
Date
: 27/08/2008
ORAL
ORDER
(Per
: HONOURABLE MR.JUSTICE BHAGWATI PRASAD)
Heard
learned counsels for the parties. It is stated by learned counsel
Mr. Hasmukh Thakkar for the Insurance Company that, out of the amount
awarded by the Claims Tribunal, admitted amount of Rs.6,33,376/-
(Rs. Six lacs thirty three thousand and three hundred seventy six
only) has been deposited by the Insurance Company with proportionate
cost and interest before the Claims Tribunal, which may be permitted
to be withdrawn by the claimants. Rest of the award is under
challenge in the appeal.
In
view of the above statement made by learned counsel for the Insurance
Company, it is ordered that the admitted amount of Rs.6,33,376/- be
disbursed to the claimants against their furnishing the undertaking
for its return with interest at bank rate as prevailing, in case they
lose in appeal.
The
remaining amount of award shall be deposited in the joint account of
Insurance Company and the Claims Tribunal for a period of five years.
In the meanwhile, if the appeal is not decided, the Fixed Deposit
will be renewed. This stipulation will be made with the bank that the
renewal of the FDR shall be automatic.
With
the aforesaid observations, civil application is disposed of. Rule
made absolute to the aforesaid extent.
[
BHAGWATI PRASAD, J ]
[
S.R. BRAHMBHATT, J ]
/vgn
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