Cholamandalam Ms General ... vs Aatubhai Khimabhai Bambhaniya
2021 Latest Caselaw 5667 Guj

     C/FA/1872/2020                                 IA ORDER DATED: 08/06/2021




            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


                CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                     In R/FIRST APPEAL NO. 1872 of 2020
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CHOLAMANDALAM MS GENERAL INSURANCE CO LTD Versus AATUBHAI KHIMABHAI BAMBHANIYA ========================================================== Appearance:

for the PETITIONER(s) No. MR VIBHUTI NANAVATI for the PETITIONER(s) No. APURVA K JANI for the RESPONDENT(s) No. RULE SERVED for the RESPONDENT(s) No. ==========================================================

CORAM: HONOURABLE MR. JUSTICE N.V.ANJARIA

Date : 08/06/2021

IA ORDER Heard learned advocate Mr.Vibhuti Nanavati for the applicant­ Insurance Company and learned advocate Mr.Apurva Jani for the respondent­ claimant.

2. It was by order dated 5.10.2020 that this Court has granted ad­interim relief to the applicant­ appellant staying the judgment and award of the Motor Accident Claims Tribunal on condition of deposit of the entire awarded amount.

3. Today when the Civil Application comes up for consideration, it was stated by learned advocate for the applicant that the said condition is complied with and the amount is deposited with the Tribunal concerned.

4. In that view, ad­interim relief granted as per order dated 5.10.2020 stands confirmed on the same terms and conditions.

C/FA/1872/2020 IA ORDER DATED: 08/06/2021

5. This application is disposed of making rule absolute accordingly.

The original complainants are not precluded from filing separate application for disbursement of the part of the awarded amount to be considered on its own merits and in accordance with law.

(N.V.ANJARIA, J) Manshi