New India Assurance Company Ltd vs A-One Acid Private Limited
2021 Latest Caselaw 5098 Guj

              C/FA/3141/2019                            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. 3141 of 2019
============================================

BHURIBEN D/O DOLABHAI LATA W/O BIPINBHAI SURMABHAI ROT Versus SAVITABEN WD/O SURESHBHAI NANDKISHOR KOTDA ============================================ Appearance:

MR.HIREN M MODI for the PETITIONER(s) No. for the RESPONDENT(s) No. MR RATHIN P RAVAL for the RESPONDENT(s) No. MR VIBHUTI NANAVATI for the RESPONDENT(s) No. ============================================

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

Date : 06/04/2021

IA ORDER

1. Heard learned Advocate Shri Hiren M. Modi for the applicants and learned Advocate Shri Vibhuti Nanavati for respondent No.3 and learned Advocate Shri Rathin P. Raval for respondent No.2.

2. Vide order dated 24.07.2019, this Court (Coram: Bhargav D. Karia, J.) , while admitting the First Appeal, had stayed the impugned judgment and award on condition that the entire awarded amount along with proportionate costs and interest shall be deposited with the learned Tribunal by next returnable date. Further, vide order dated 29.08.2019, this Court (Coram: A.S. Supehia, J.) had directed that the entire awarded amount with interest and cost shall be deposited within a period of 6 weeks, if not deposited and whereas this Court had directed that entire amount shall be

C/FA/3141/2019 IA ORDER

deposited in cumulative Fixed Deposit in any Nationalized Bank in the joint name of Nazir and original claimants and on such condition, the impugned judgment and award had been stayed during pendency of the First Appeal.

3. Learned Advocate Shri Modi appearing for the applicants - original claimants had submitted that in view of amount having been deposited, this Court may pass an appropriate order for disbursement.

4. Considering the same, learned Tribunal shall disburse 30% of the entire awarded amount also in favour of applicants - original claimants by A/c. Payee Cheque after due and proper verification. In so far 70% remaining entire awarded amount, the same shall be deposited in cumulative Fixed Deposit Receipt in any Nationalized Bank, initially for a period of 3 years and thereafter, the same shall be renewed from time to time till final disposal of the First Appeal. Original Fixed Deposit Receipt shall be retained by Nazir of the concerned Tribunal.

5. With this direction and observations, Civil Application stands disposed of as allowed.

(NIKHIL S. KARIEL,J) Y.N. VYAS