United India Insurance Company ... vs Sumitji Abhuji Thakor
2021 Latest Caselaw 3663 Guj

              C/FA/201/2021                           IA ORDER




     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


      CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
             In R/FIRST APPEAL NO. 201 of 2021
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UNITED INDIA INSURANCE COMPANY LTD Versus SUMITJI ABHUJI THAKOR ============================================ Appearance:

for the PETITIONER(s) No. MR GC MAZMUDAR for the PETITIONER(s) No. MR HG MAZMUDAR for the PETITIONER(s) No. MR KASH THAKKAR FOR MR KK THAKKAR for the RESPONDENT(s) No. RULE NOT RECD BACK 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 Shri H.G. Mazmudar for the applicant and learned Advocate Shri Kash Thakkar for learned Advocate Shri K.K. Thakkar for the respondents.

2. Vide order dated 27.01.2021, this Court (Coram: Vaibhavi D. Nanavati, J.) had been pleased to admit the First Appeal and whereas in the Civil Application, Rule had been issued making it returnable on 02.03.2021 and whereas judgment and award passed by learned Motor Accident Claims Tribunal (Main), Patan, dated 25.09.2019 in MACP No.320 of 2015 was stayed on condition that the applicant - Insurance Company shall deposit the amount of award with the learned Tribunal before the returnable date. This Court had directed that it would be open for the original claimants to

C/FA/201/2021 IA ORDER

apply for disbursement of the amount.

3. It is submitted by learned Advocate Shri Mazmudar that pursuant to the order dated 27.01.2021, the applicant had deposited the entire amount of award along with interest with the learned Tribunal. He further submits that the said amount may be directed to be invested appropriately and whereas liberty may be reserved in favour of the original claimants to file an application for disbursement.

4. In view of the submissions made by learned Advocate Shri Mazmudar, the entire amount deposited by the applicant, shall be invested in cumulative Fixed Deposit Receipt in any nationalized bank initially for a period of 5 years and shall be renewed from time to time till further orders of this Court and whereas Fixed Deposit Receipt shall be kept in the custody of Naziar of the concerned Tribunal. It is open for the original claimants to file an application for disbursement.

With this direction, present application stands disposed of. Rule made absolute.

(NIKHIL S. KARIEL,J) Y.N. VYAS