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CA/820/2004 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 820 of 2004
In
FIRST
APPEAL No. 215 of 2004
=========================================================
UNITED
INDIA INSURANCE CO LTD. - Petitioner(s)
Versus
SAMINABEN
BASIRBHAI & 3 - Respondent(s)
=========================================================
Appearance
:
MS
MEGHA JANI for
Petitioner(s) : 1,
MR AMAR D MITHANI for Respondent(s) : 1,
NOTICE
SERVED for Respondent(s) : 2 - 3.
NOTICE UNSERVED for
Respondent(s) :
4,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 18/03/2010
ORAL
ORDER
The
cause list shows that the notice issued to opponent No. 4 has
remained unserved. Ms. Jani learned advocate for the applicant has
submitted that in present application any relief against the said
opponent No. 4 has not been prayed for and the opponent No. 4 would
not be directly affected party if the order as prayed for in the
application is granted and that therefore she has sought permission
to delete opponent No. 4 from present application.
Leave
as sought for is granted. The opponent No. 4 is permitted to be
deleted. The applicant shall carry out necessary amendment forthwith.
By
order dated 23.8.2004 the first appeal No. 215 of 2004 has been
admitted.
By
virtue of another/prior order dated 22.3.2004 ad-interim relief in
terms of paragraph 3(a) in Civil Application No. 820 of 2004 was
granted with direction to the appellant-Insurance Company to deposit
the entire decreetal amount along with the costs and interest. Ms.
Jani learned advocate for the applicant-appellant-Insurance Company
has submitted that the amount as directed by the order dated
22.3.2004 has been deposited. By subsequent order dated 23.8.2004 the
Court permitted the original claimants to withdraw 40% of the
deposited amount and balance 60% of the amount was directed to be
deposited with a Nationalized Bank.
Having
heard Ms. Jani learned advocate for the appellant and Mr. Mithani
learned advocate for the original claimants and taking note of the
facts that the opponent Nos. 2 and 3 are not present, ad-interim
relief granted by order dated 22.3.2004 read with subsequent order
dated 23.8.2004 is confirmed on the same terms and conditions and the
interim relief shall enure on the same terms and conditions until
final decision in the appeal or until any other or further order is
passed.
The
Civil Application stands disposed of.
(K.M.THAKER,J.)
Suresh*
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