Future Generali India Insurance ... vs Manjula Aubrey Tomlinson Christi
2021 Latest Caselaw 10461 Guj

      C/FA/1769/2021                                 IA ORDER DATED: 03/08/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


                 CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
                      In R/FIRST APPEAL NO. 1769 of 2021
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FUTURE GENERALI INDIA INSURANCE CO LTD Versus MANJULA AUBREY TOMLINSON CHRISTI ========================================================== Appearance:

for the PETITIONER(s) No. MS KIRTI S PATHAK for the PETITIONER(s) No. RULE SERVED for the RESPONDENT(s) No. SERVED BY AFFIX. (R) for the RESPONDENT(s) No. ==========================================================

CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

Date : 03/08/2021

IA ORDER

Heard learned advocate Ms.Kirti Pathak for the applicant insurance company.

1.1 Rule is served on the respondents, however none appeared.

2. It was by order dated 07 th July, 2021 that the stay against the operation, implementation and execution of the judgment and award of the Motor Accident Claims Tribunal was granted on condition of depositing the entire amount awarded by the Tribunal together with cost and interest.

3. It was stated today by learned advocate appearing for the insurance company that the awarded amount is deposited and the condition of stay is complied with.

4. In that view, stay granted vide order dated

C/FA/1769/2021 IA ORDER DATED: 03/08/2021

07th July, 2021 shall stands confirmed on the same terms and conditions.

5. The Claims Tribunal is directed to invest the amount deposited with any nationalized bank in a cumulative deposit initially for a period of one year and renewable. The FRD shall remain in custody of the Nazir of the Tribunal and shall not be permitted to be utilised for any purpose including raising of loan etc.

6. This order will not preclude the claimants from moving an application for disbursement of part of the amount deposited, to be considered on its own merits and in accordance with law.

7. Application is allowed in the aforesaid terms. Rule is made absolute.

(N.V.ANJARIA, J) ANUP