New India Assurance Company ... vs Kasamchha Mamadchha Saiyed
2021 Latest Caselaw 3214 Guj

        C/FA/1606/2020                                IA ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                In R/FIRST APPEAL NO. 1606 of 2020
                               With
CIVIL APPLICATION (FOR WITHDRAWAL/DISBURSEMENT OF AMOUNT)
                           NO. 2 of 2020
                In R/FIRST APPEAL NO. 1606 of 2020
==========================================================

NEW INDIA ASSURANCE COMPANY LIMITED GANDHIDHAM Versus KASAMCHHA MAMADCHHA SAIYED ========================================================== Appearance:

MR VIBHUTI NANAVATI for the PETITIONER(s) No. NISHIT A BHALODI for the RESPONDENT(s) No. RULE SERVED for the RESPONDENT(s) No. ==========================================================

CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI

Date : 24/02/2021 IA ORDER ORDER IN CA NO.1 OF 2020

1. Heard learned advocate Ms. Masumi Nanavati appearing on behalf of learned Advocate Mr. Vibhuti Nanavati for the applicant and learned Advocate Mr.Nishit Bhalodi for the respondents.

2. It is stated by the learned advocate for the applicant that the appeal was admitted vide order dated 02.09.2020 and the entire decretal amount is deposited with the learned Tribunal as determined by the tribunal. Accordingly, the stay granted vide order dated 02.09.2020 is confirmed. Present civil application for stay is disposed of. Rule is made absolute to the aforesaid extent.

ORDER IN CA NO.2 OF 2020

1. Heard learned advocate Mr. Nishit Bhalodi for the applicants

C/FA/1606/2020 IA ORDER

and learned advocate Ms. Masumi Nanavati appearing on behalf of learned Advocate Mr.Vibhuti Nanavati for respondent no.3-Insurance Company.

2. Rule. Learned advocate Ms. Masumi 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) MEHUL B. TUVAR