Manharbhai Rameshbhai Vasaiya vs United India Insurance Co.
2021 Latest Caselaw 12806 Guj

Citation : 2021 Latest Caselaw 12806 Guj
Judgement Date : 27 August, 2021

Gujarat High Court

Manharbhai Rameshbhai Vasaiya vs United India Insurance Co. on 27 August, 2021

Bench: N.V.Anjaria

      C/SCA/6728/2021                                      IA ORDER DATED: 27/08/2021




             IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


 MISC. CIVIL APPLICATION (FOR MODIFICATION OF ORDER) NO. 1 of
                               2021
          In R/SPECIAL CIVIL APPLICATION NO. 6728 of 2021
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MANHARBHAI RAMESHBHAI VASAIYA Versus UNITED INDIA INSURANCE CO.

========================================================== Appearance:

for the PETITIONER(s) No. NISHIT A BHALODI for the PETITIONER(s) No. MR RATHIN P RAVAL for the RESPONDENT(s) No. ==========================================================

CORAM:HONOURABLE MR. JUSTICE N.V.ANJARIA

Date : 27/08/2021

IA ORDER

Heard learned advocate Mr.Nishit Bhalodi for the applicant and learned advocate Mr.Rathin Raval for the respondent - insurance company.

2. The present application is filed seeking modification in order dated 07th July, 2021 passed in the Special Civil Application. The petitioner seeks deletion and observation that, "Receipt of the such fixed deposit shall remain in the custody of the Nazir of the Tribunal ....".

3. In support of the prayer, it was submitted that that in appellate proceedings are not pending and the insurance company has not preferred any appeal. Therefore, the fixed deposit receipt may remain in the custody of the applicant.

4. In paragraph No.6.3 of the above order wherein modification is prayed for, it is recorded

C/SCA/6728/2021 IA ORDER DATED: 27/08/2021

that Fixed Deposit Receipt shall remain in custody of the Nazir of the Tribunal. The request is justified in the facts and circumstances of the case when there is no appeal filed by the insurance company against the judgment and award of the Claims Tribunal.

5. As a result, order dated 07th July, 2021 passed in the Special Civil Application is modified by deleting the directions in paragraph No.6.3 and providing that Receipt of such Fixed Deposit to be created as per the directions in the order, shall remain in custody of the applicant-claimant.

The present application is allowed in the aforesaid terms.

(N.V.ANJARIA, J) ANUP