Future General India Insurance Co ... vs Lhr Of Decd Vishnuji Amrutji ...
2021 Latest Caselaw 3662 Guj

         C/FA/5718/2019                                      IA ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


               CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                    In R/FIRST APPEAL NO. 5718 of 2019
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FUTURE GENERAL INDIA INSURANCE CO LTD Versus LHR OF DECD VISHNUJI AMRUTJI THAKOR ========================================================== Appearance:

for the PETITIONER(s) No. MR GC MAZMUDAR for the PETITIONER(s) No. MR H M SHAH for the RESPONDENT(s) No. MR.ADITYA J PANDYA for the RESPONDENT(s) No. RULE SERVED for the RESPONDENT(s) No. ========================================================== CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

Date : 02/03/2021 IA ORDER

1. Heard learned Advocate Mr. Harshil Mazmudar for learned Advocate Mr. G.C. Mazmudar for the applicant and learned Advocate Mr. Krunal Shah for learned Advocate Mr. H.M. Shah for the opponent Nos. 1/1 to 1/5- original claimants.

2. Learned Advocate Mr. Mazmudar points out that vide order dated 09.12.2019 this Court (Coram : G.R. Udhwani, J) had been pleased to issue Rule in the present application. He further draws attention of this Court to the order passed by the Co-ordinate Bench of this Court (Coram : Vaibhavi D. Nanavati, J) in Civil Application (For Withdrawal/ Disbursement of Amount) No. 1 of 2020 on 16.02.2021 whereby this Court had permitted disbursement of 30% of the awarded amount. In this view of the matter, learned Advocate Mr. Mazmudar submits that considering the direction given vide order dated 16.02.2021 the present application for stay may be confirmed. Learned Advocate Mr. Krunal Shah does not have any objection to the same.

C/FA/5718/2019 IA ORDER

3. A perusal of the order dated 16.02.2021 shows that this Court after issuing direction for disbursement and deposit of the awarded amount has further ordered as thus :

"4. The stay granted on 09.12.2019 against the impugned judgment and award of the Motor Accident Claims Tribunal stands confirmed in the aforesaid terms."

4. In view of the above, no further order is required in the present application and therefore the same is disposed of in terms of the aforesaid direction in the order dated 16.02.2021 passed in Civil Application (For Withdrawal/ Disbursement of Amount) No. 1 of 2020.

(NIKHIL S. KARIEL,J) BDSONGARA