Cholamandalam Ms General ... vs Prakashbhai Bhikhabhai Bhangi
2021 Latest Caselaw 1542 Guj

          C/FA/1898/2020                                      ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                   R/FIRST APPEAL NO. 1898 of 2020
                                With
             CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                  In R/FIRST APPEAL NO. 1898 of 2020
                                With
          CIVIL APPLICATION (FOR DIRECTION) NO. 1 of 2021
                  In R/FIRST APPEAL NO. 1898 of 2020
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        CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD
                          Versus
              PRAKASHBHAI BHIKHABHAI BHANGI
==========================================================
Appearance:
MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1
MR.HIREN M MODI(3732) for the Defendant(s) No. 4
NOTICE SERVED(4) for the Defendant(s) No. 1,2,3
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 CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

                             Date : 02/02/2021
                              ORAL ORDER

ORDER IN FIRST APPEAL:-

Heard learned advocate Mr.Vibhuti Nanavati for the appellant. Admit.

Learned advocate Mr.Hiren Modi waives service of notice of admission for the opponent no.4.

ORDER IN CIVIL APPLICATION NO.1 OF 2020:-

1. Heard learned advocate Mr. Hiren Modi for the applicant.

2. It is stated by the learned advocate for the applicant that the entire decreetal amount as determined is deposited before the tribunal. Accordingly, the civil application for stay is disposed of. Rule is made absolute to the aforesaid extent.

C/FA/1898/2020 ORDER

ORDER IN CIVIL APPLICATION NO.1 OF 2021:-

1. Heard learned advocate Mr. Hiren Modi for the applicant and learned advocate Mr.Vibhuti Nanavati for respondent no.3-Insurance Company.

2. Rule. Learned advocate Mr.Vibhuti Nanavati waives service of notice of rule for the respondent no.3-Insurance company.

3. The applicants are the original claimants, who have filed the present application seeking disbursement of the amount in their favour.

4. Considering the same, the impugned judgment and award is hereby stayed till final disposal of the appeal. 30% amount will be disbursed by the Tribunal amongst the claimants after due verification and invest the remaining 70% of the amount in FDR with any Nationalized Bank initially for a period of three years and the same shall be renewed from time to time and shall not be encashed till final disposal of the appeal. The claimants shall be entitled to the periodical interest accrued on the said FDR only. The original FDR be retained by the Nazir Department of the concerned Tribunal.

5. With the above observation and directions, the application is disposed of accordingly. Rule is made absolute to the aforesaid extent.

(VAIBHAVI D. NANAVATI,J) ABHISHEK