Posted On by &filed under Gujarat High Court, High Court.


Gujarat High Court
================================================================ vs Sureshbhai Manubhai Gamit & 2 on 28 August, 2014
          C/CA/5290/2014                                ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           CIVIL APPLICATION (FOR STAY) NO. 5290 of 2014

                     In FIRST APPEAL NO. 1266 of 2014

================================================================
   RELIANCE GENERAL INSURANCE COMPANY LIMITED....Applicant(s)
                           Versus
         SURESHBHAI MANUBHAI GAMIT & 2....Respondent(s)
================================================================
Appearance:
MR VIBHUTI NANAVATI, ADVOCATE for the Applicant(s) No. 1
DS AFF.NOT FILED (R) for the Respondent(s) No. 2
MR.HIREN M MODI, ADVOCATE for the Respondent(s) No. 3.1 - 3.2
RULE UNSERVED for the Respondent(s) No. 2
SERVED BY RPAD - (R) for the Respondent(s) No. 1
================================================================

         CORAM: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI

                             Date : 28/08/2014
ORAL ORDER

The present Civil Application is filed seeking stay of the

impugned judgment and award. Rule was issued by the Court

which is served to respondents no.3.1 and 3.2. Learned advocate

Mr.Hiren Modi represents them. So far as respondent no.1 is

concerned he is served by Registered Post A.D. However, no

appearance is caused for them. Respondent no.2 is the owner. He

is not a contesting party so far as respondent this Civil Application

is concerned. Learned advocate Mr.Thomas for Mr.Vibhuti

Nanavati for the applicant states that quantum of compensation is

under challenge in the First Appeal.

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C/CA/5290/2014 ORDER

Learned advocate Mr.Hiren Modi for respondents no.3.1 and 3.2

states that the First Appeal is filed challenging the quantum of

compensation to the tune of Rs.6,45,000/-. Meaning thereby the

remaining amount is not under challenge. Therefore, it would be in

the interest of justice if order for investment and disbursement is

passed in the ratio of 70 : 30, qua the amount under challenge, viz.

Rs.6,45,000/- with proportionate cost and interest.

2. The Hon’ble Tribunal is directed to deposit 70% of the

amount of Rs.6,45,000/- with proportionate cost and interest in

Fixed Deposit (cumulative) initially for a period of three years. The

same be renewed from time to time till First Appeal is decided.

Physical possession of the Fixed Deposit Receipt be retained with

Nazir of the Hon’ble Tribunal. The Hon’ble Tribunal is further

directed to disburse 30% of the amount of Rs.6,45,000/- with

proportionate cost and interest to the claimants as directed by the

Hon’ble Tribunal. The amount in excess of Rs.6,45,000/- be

disbursed to the claimants as per the directions contained in the

impugned judgment and award. The Civil Application is allowed in

the aforesaid terms. Rule is made absolute.

(RAVI R.TRIPATHI, J.)
karim

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