Gujarat High Court
United India Insurance Company ... vs Maheshkumar Kantilal Raval on 24 February, 2021
Bench: Vaibhavi D. Nanavati
C/FA/345/2020 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 345 of 2020
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
In R/FIRST APPEAL NO. 345 of 2020
With
CIVIL APPLICATION (FOR WITHDRAWAL/DISBURSEMENT OF AMOUNT)
NO. 1 of 2020
In R/FIRST APPEAL NO. 345 of 2020
With
R/FIRST APPEAL NO. 1393 of 2020
With
CIVIL APPLICATION (FOR WITHDRAWAL/DISBURSEMENT OF AMOUNT)
NO. 1 of 2021
In R/FIRST APPEAL NO. 1393 of 2020
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
In R/FIRST APPEAL NO. 1393 of 2020
With
R/FIRST APPEAL NO. 1485 of 2020
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
In R/FIRST APPEAL NO. 1485 of 2020
With
CIVIL APPLICATION (FOR WITHDRAWAL/DISBURSEMENT OF AMOUNT)
NO. 1 of 2021
In R/FIRST APPEAL NO. 1485 of 2020
==========================================================
UNITED INDIA INSURANCE COMPANY LIMITED PATAN
Versus
MAHESHKUMAR KANTILAL RAVAL
==========================================================
Appearance:
MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1
KAASH K THAKKAR(7332) for the Defendant(s) No. 5
MR N P CHAUDHARY(3980) for the Defendant(s) No. 1
RULE SERVED(64) for the Defendant(s) No. 4
TATVDEEP J JANI(7227) for the Defendant(s) No. 2
UNSERVED EXPIRED (R)(69) for the Defendant(s) No. 3
==========================================================
CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI
Date : 24/02/2021
ORAL ORDER
C/FA/345/2020 ORDER
COMMON ORDER IN FA NO. 1393 of 2020 &
FA NO. 1485 of 2020
Heard learned Advocate Mr. Vibhuti Nanavati for the
appellant- Insurance Company.
ADMIT.
Learned Advocate Mr.Tatvdeep Jani waives service of notice
of admission on behalf of Respondent No.2 and learned Advocate
Mr. Kaash K. Thakkar waives service of notice of admission on
behalf of Respondent No.5
ORDER IN CA (FOR STAY) NO. 1 of 2019 In FA NO. 345 of 2020
1. Heard learned advocate Mr. Vibhuti Nanavati for the
applicant- Insurance Company, learned Advocate Mr.Tatvdeep
Jani for Respondent No.2 and learned Advocate Mr. Kaash K.
Thakkar for Respondent No.5 .
2. It is stated by the learned advocate for the applicant that the
appeal was admitted vide order dated 04.02.2020 and the entire
decretal amount is deposited with the learned Tribunal as
determined by the tribunal. Accordingly, the stay granted vide
order dated 04.02.2020 is confirmed. Present civil application
for stay is disposed of. Rule is made absolute to the aforesaid
extent.
COMMON ORDER IN CA (FOR STAY) NO. 1 of 2019 In FA
NO. 1393 of 2020 & CA (FOR STAY) NO. 1 of 2019 In FA NO.
1485 of 2020
1. Heard learned advocate Mr. Vibhuti Nanavati for the
applicant- Insurance Company, learned Advocate Mr.Tatvdeep
Jani for Respondent No.2 and learned Advocate Mr. Kaash K.
C/FA/345/2020 ORDER
Thakkar for Respondent No.5 .
3. It is stated by the learned advocate for the applicant that the
appeal was admitted vide order dated 21.10.2020 and the entire
decretal amount is deposited with the learned Tribunal as
determined by the tribunal. Accordingly, the stay granted vide
order dated 21.10.2020 is confirmed. Present civil application
for stay is disposed of.
COMMON ORDER IN
CA (FOR WITHDRAWAL/DISBURSEMENT OF AMOUNT)
NO.1 of 2020 In FA NO. 345 of 2020 &
CA (FOR WITHDRAWAL/DISBURSEMENT OF AMOUNT)
NO.1 of 2021 In FA NO. 1393 of 2020 &
CA (FOR WITHDRAWAL/DISBURSEMENT OF AMOUNT)
NO. 1 of 2021 In FA NO. 1485 of 2020
1. Heard learned advocate Mr. Kaash K. Thakkar for the
applicants and learned Advocate Mr.Vibhuti Nanavati for
respondent-Insurance Company.
2. Rule. Learned advocate Mr. Vibhuti Nanavati waives service of
notice of rule for the respondent-Insurance company.
3. The applicants are the original claimants, who have filed the
present applications 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
C/FA/345/2020 ORDER
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 applications are
disposed of accordingly. Rule is made absolute to the aforesaid
extent.
(VAIBHAVI D. NANAVATI,J)
MEHUL B. TUVAR
