New India Assurance Co Ltd vs Bhimsingbhai Jatriyabhai Vasava
2021 Latest Caselaw 5099 Guj

              C/FA/2232/2020                            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. 2232 of 2020
============================================

BHIMSINGBHAI JATRIYABHAI VASAVA Versus SANJAYKUMAR RAMSINGBHAI VASAVA ============================================ Appearance:

NISHIT A BHALODI for the PETITIONER(s) No. for the RESPONDENT(s) No. MR TANMAY B KARIA for the RESPONDENT(s) No. ============================================ CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

Date : 06/04/2021

IA ORDER

1. Heard learned Advocate Shri Nishit A. Bhalod for the applicants and learned Advocate Shri Tanmay B. Karia for respondent No.3 Insurance Company.

2. Vide order dated 06.11.2020, this Court (Coram: Bela M. Trivedi, J.), while admitting the First Appeal, had stayed the impugned judgment and award on condition that the entire awarded amount shall be deposited by respondent No.3 with the learned Tribunal by next returnable date. Further, vide order dated 22.02.2021, this Court (Coram: Vaibhavi D. Nanavati, J.) had noted that the entire awarded amount had been deposited with the learned Tribunal and whereas this Court also kept open the right of the claimants to file appropriate application for disbursement of the amount.

3. Learned Advocate Shri Bhalodi for the applicant submits that in view

C/FA/2232/2020 IA ORDER

of the 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 applicant - original claimant 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