The New India Assurance Co Ltd vs Batukbhai Premjibhai Solanki
2021 Latest Caselaw 3237 Guj

         C/FA/5494/2019                                         ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                   R/FIRST APPEAL NO. 5494 of 2019
                                With
             CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                  In R/FIRST APPEAL NO. 5494 of 2019
                                With
                   R/FIRST APPEAL NO. 5495 of 2019
                                With
             CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                  In R/FIRST APPEAL NO. 5495 of 2019
                                With
                   R/FIRST APPEAL NO. 5496 of 2019
                                With
             CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                  In R/FIRST APPEAL NO. 5496 of 2019
==========================================================
                   THE NEW INDIA ASSURANCE CO LTD
                                Versus
                    BATUKBHAI PREMJIBHAI SOLANKI
==========================================================
Appearance:
MR TANMAY B KARIA(6833) for the Appellant(s) No. 1
MR.HIREN M MODI(3732) for the Defendant(s) No. 1,2
NOTICE SERVED(4) for the Defendant(s) No. 4
NOTICE UNSERVED(8) for the Defendant(s) No. 3
==========================================================

 CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA
        and
        HONOURABLE MR. JUSTICE A.S. SUPEHIA

                                Date : 24/02/2021

                        ORAL ORDER

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

ORDER IN RESPECTIVE FIRST APPEALS Heard learned advocate Mr.Tanmay Karia for the appellants and learned advocate Mr.Hiren Modi for the respondent No.1 in all the appeals.

             C/FA/5494/2019                                      ORDER




         Appeals are admitted.

To be heard with First Appeal No.502 of 2020 which is cognate appeal.

ORDER IN RESPECTIVE CIVIL APPLICATIONS All the captioned Civil Applications are filed in the First Appeals for stay of the impugned judgment and award passed by the Tribunal. Thereafter the Court passed order dated 19.12.2019 staying the impugned judgment and award on condition that the appellant­Insurance Company deposits entire awarded amount before the returnable date.

It was stated that the amount is deposited in compliance of the condition. Subsequently Civil Application for withdrawal and/ or disbursement of the amount No.1 of 2021 was filed by the original claimants which culminated into order dated 11.2.2021 whereby the order of disbursement and investment came to be passed by the Court.

In the aforesaid view, the stay granted in the captioned Civil Application on 19.12.2019 stands confirmed in terms of order dated 11.2.2021 passed in Civil Application No.1 of 2021 in all the appeals. All the Civil Applications are disposed of. Rule is made absolute in each accordingly.

(N.V.ANJARIA, J)

(A. S. SUPEHIA, J) Manshi