Bajaj Alliance General Insurance ... vs Pravinbhai Malabhai Dharecha
2021 Latest Caselaw 405 Guj

          C/FA/5997/2019                                        IA ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR WITHDRAWAL/DISBURSEMENT OF AMOUNT)
                           NO. 1 of 2020
                In R/FIRST APPEAL NO. 5997 of 2019
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PRAVINBHAI MALABHAI DHARECHA Versus BAJAJ ALLIANCE GENERAL INSURANCE COMPANY LIMITED ========================================================== Appearance:

NISHIT A BHALODI for the PETITIONER(s) No. MR MAULIK J SHELAT for the RESPONDENT(s) No. ========================================================== CORAM: HONOURABLE MS. JUSTICE VAIBHAVI D. NANAVATI Date : 12/01/2021 IA ORDER

1. Heard learned advocate N.A.Bhalodi for the applicant and learned advocate Mr.M.J.Shelat for the respondent - Insurance Company. Learned Counsel for the Insurance Company states that the awarded amount is deposited with the Tribunal.

2. Learned advocate for the applicant states that the First Appeal is already admitted vide order dated 04.02.2020 and the awarded amount has been deposited with the Tribunal.

3. Considering the same, the impugned judgment and award is hereby stayed till final disposal of the appeal. The Tribunal shall disburse 30% of the awarded amount amongst the claimants after due verification and invest the remaining 70% of the amount in cumulative 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 original FDR be retained by the Nazir Department of the concerned Tribunal.

4. With the aforesaid directions, the civil application is allowed to the aforesaid extent.

(VAIBHAVI D. NANAVATI,J) MOHMMEDSHAHID