Gujarat High Court
Divisional Manager vs Hirdan Karnidan Gadhvi on 5 April, 2021
Bench: Nikhil S. Kariel
C/FA/1315/2014 IA ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR
WITHDRAWAL/DISBURSEMENT OF AMOUNT) NO. 1 of
2021
In R/FIRST APPEAL NO. 1315 of 2014
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HIRDAN KARNIDAN GADHVI
Versus
DIVISIONAL MANAGER
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Appearance:
MR HARSHIT S TOLIA for the PETITIONER(s) No.
MR PARTH S TOLIA for the PETITIONER(s) No.
MR GC MAZMUDAR for the RESPONDENT(s) No.
MR HG MAZMUDAR for the RESPONDENT(s) No.
MR. ALKESH N SHAH for the RESPONDENT(s) No.
MS MEENA VYAS for the RESPONDENT(s) No.
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CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 05/04/2021
IA ORDER
1. Heard learned Advocate Shri Shirish Toliya for the applicant and
learned Advocate Shri Harshil Mazmudar for respondent No.1 - original
appellant.
2. By way of this application, original claimant has requested for
disbursing the amount of Rs.4,00,000/- out of Rs.6,97,114/- lying in the
Fixed Deposit Account, as deposited pursuant to the order passed by this
Court in Civil Application No.5302 of 2014 in First Appeal No.1315 of
2014 dated 13.11.2014. Learned Advocate Shri Toliya has submitted that
while incident in question had happened somewhere in 2006, the applicant
had been directed to be given 20% of the awarded amount vide order dated
13.11.2014 and whereas now, he requires part of the amount in question for
C/FA/1315/2014 IA ORDER
conducting the marriage of his son, which is scheduled on 25.04.2021.
3. Learned Advocate Shri Mazmudar submits that since the Insurance
Company - original appellant has challenged the impugned judgment and
award, more particularly with regard to 50% of the entire liability and
considering the fact that 20% has already been disbursed in favour of the
applicant - original claimant, therefore, while 30% undisputed amount is
lying in Fixed Deposit Account, but he submits that while directing
disbursement of the amount, this Court may balance equities so as to ensure
that if the periodical interest has to be continued to be paid as per order
dated 13.11.2014, in case the appeal of the appellant Insurance were
eventually allowed, it would be difficult to recover the amount already given.
4. As against the same, learned Advocate Shri Toliya submits that an
amount of Rs.1,97,114/- may be disbursed in favour of the applicant -
original claimant and whereas rest of the condition of the order dated
13.11.2014 may continue as it is and whereas the claimant is ready to file an
undertaking that in case, the appellant were to succeed in appeal, the
claimant would be ready and willing to redeposit such amount as may be
directed by this Court.
5. In view of the submissions of the parties, learned Tribunal is directed
to disburse the amount of Rs.1,97,114/- in favour of the applicant herein by
A/c. Payee Cheque after due and proper verification. Remaining amount of
Rs.5,00,000/- shall be continued to be invested in Fixed Deposit and
whereas the applicant shall be entitled for periodical interest thereupon. As
per the submission of learned Advocate Shri Toliya, the applicant to file an
undertaking before the Registry of this Court by 19.04.2021, whereby he
would undertake to redeposit such amount of periodical interest received by
him as may be directed by this Court at the stage of final hearing of the First
Appeal. The original Fixed Deposit Receipt shall be retained by the Nziar of
C/FA/1315/2014 IA ORDER
the concerned Tribunal.
6. With this observation and direction, present application stands
disposed of as allowed. Registry shall send the writ of this order to the
concerned Tribunal forthwith.
(NIKHIL S. KARIEL,J)
Y.N. VYAS
