Bajaj Allianz General Insurance ... vs Babukhan Sahebakhan Asrfkhan ...
2021 Latest Caselaw 2610 Guj

         C/X-OBJ/22/2021                                     ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                   R/CROSS OBJECTION NO. 22 of 2021

                     In R/FIRST APPEAL NO. 449 of 2019

                                With
              CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                  In R/CROSS OBJECTION NO. 22 of 2021
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      BAJAJ ALLIANZ GENERAL INSURANCE COMPANY LIMITED
                            Versus
            BABUKHAN SAHEBAKHAN ASRFKHAN MEVU
==========================================================
Appearance:
MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1
for the Defendant(s) No. 1
MR N R DESAI(6504) for the Defendant(s) No. 2,3
MR P P MAJMUDAR(5284) for the Defendant(s) No. 2,3
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 CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA
        and
        HONOURABLE MR. JUSTICE A.S. SUPEHIA

                             Date : 18/02/2021

                        ORAL ORDER

(PER : HONOURABLE MR. JUSTICE N.V.ANJARIA)

Cross Objections are admittee.

To be heard with the main First Appeal No. 449 of 2019.

Order in Civil Application No. 1 of 2020

The Cross Objectors Insurance Company has filed this Civil Application praying to stay operation, implementation and execution of the judgment and award impugned pending final disposal of the Cross Objections.

C/X-OBJ/22/2021 ORDER

Learned advocate Mr. Vibhuti Nanavati for the insurance company stated that the awarded amount has already been deposited with the Tribunal. It was further stated that the amount is disbursed as per the directions issued by the Tribunal in its award.

Learned advocate for the Cross Objectors-the insurance company submitted that the part of the amount is not disbursed and the same has already been directed to be invested in the fixed deposit by the Tribunal, however, the same shall be required to be renewed from time to time during the pendency of the Cross Objections. Request is reasonable.

Accordingly we direct that the amount which is invested in the fixed deposit pursuant to the directions of the Motor Accident Claims Tribunal shall be renewed from time to time till further orders of the court.

Civil Application is disposed of accordingly.

(N.V.ANJARIA, J)

(A. S. SUPEHIA, J) C.M. JOSHI