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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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.)
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