Gujarat High Court Case Information System
Print
CA/6830/2009 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR STAY No. 6830 of 2009
In
FIRST
APPEAL No. 2575 of
2009
=========================================================
UNITED
INDIA INSURANCE COMPANY LTD - Petitioner(s)
Versus
SATNAMSING
SOLANSING & 8 - Respondent(s)
=========================================================
Appearance
:
MR
MAULIK J SHELAT for
Petitioner(s) : 1,
DS AFF.NOT FILED (R) for Respondent(s) : 1 -
3.
MR VASANT S SHAH for Respondent(s) : 4,
SERVED BY AFFIX.-(R)
for Respondent(s) :
5,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 08/03/2010
ORAL
ORDER
One
of the two Insurance Companies concerned, in the appeal proceedings
i.e. The New India Assurance Company Ltd., has not challenged the
judgment and award dated 11.07.2007 passed in Motor Accident Claim
Petition No.97/1998 and/ or the order dated 20.10.2008 passed in
Civil Miscellaneous Application No.948/2007 in MACP No.97/1998. The
second Insurance Company I.e. present applicant is before this Court
by way of First Appeal No.2575/2009.
Mr.Maulik
Shelat, learned advocate for the applicant Insurance Company, has
appeared and Mr.G.G.Multani, learned advocate for the respondent
Nos. 1 and 2, has appeared and stated that he had appeared before
the trial Court and has been instructed to remain present before
this Court. He has not received signed Vakalatnama by his client.
Mr.V.S.Shah, learned advocate for respondent No.4 has entered his
appearance. So far as respondent No.3 is concerned, the cause list
shows that notice has not been served on respondent No.3. However,
Mr.Shelat has submitted that for the purpose of present Civil
Application seeking stay of the impugned judgment and award, the
present respondent No.3 is not necessary. He, therefore, seeks
leave to delete respondent No.3 on present Civil Application. Leave
to delete respondent No.3 is granted. He
requests this Court to grant three days’ time to carry out
amendment. So far as present application is concerned, the
respondent No.3 is allowed to be deleted. The applicant shall carry
out necessary amendment before 15.03.2010.
Mr.Shelat
has made reference of the order dated 03.07.2009 whereby the Court,
while admitting the appeal, granted ad-interim relief in terms of
para -3(A) in Civil Application No.6830/2009. Considering the
contentions taken in the First Appeal and the averments made in the
application, it appears that, the interest of justice will be served
if ad-interim relief granted in terms of para -3(A) in Civil
Application No.6830/2009 by the order 03.07.2009, is confirmed and
directed to be continued till final hearing or until any other or
further order is passed on the same terms and conditions as of order
dated 03.07.2009.
Therefore,
with the direction that the ad-interim relief granted by common
order dated 03.07.2009 in Civil Application No.6829/2009 and in
Civil Application No.6830/2009 is confirmed on the same terms and
conditions and directed to continue on same terms till final hearing
or until any other order is passed, present application is allowed.
It is however, directed to Mr.G.G.Multani to file his Vakalatnama on
the record in Civil Application as well as in the First Appeal
within one week from today.
In
view of the aforesaid clarification and direction this Civil
Application is disposed of.
(K.M.THAKER,
J.)
..mitesh..
Top