Gujarat High Court
United India Insurance Company ... vs Ratnabhai Pannabhai Makwana - ... on 3 March, 2021
Bench: Nikhil S. Kariel
C/FA/2249/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 2249 of 2019
With
CIVIL APPLICATION (FOR WITHDRAWAL/DISBURSEMENT OF AMOUNT)
NO. 1 of 2021
In R/FIRST APPEAL NO. 2249 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 2 of 2018
In R/FIRST APPEAL NO. 2249 of 2019
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UNITED INDIA INSURANCE COMPANY LTD
Versus
RATNABHAI PANNABHAI MAKWANA - DELETED BELOW EX. 22
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Appearance:
MR MAULIK J SHELAT(2500) for the Appellant(s) No. 1
DELETED(20) for the Defendant(s) No. 1,4
MR.HIREN M MODI(3732) for the Defendant(s) No. 2,3
NOTICE SERVED(4) for the Defendant(s) No. 5
NOTICE UNSERVED(8) for the Defendant(s) No. 7,8
UNSERVED EXPIRED (N)(9) for the Defendant(s) No. 6
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CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
Date : 03/03/2021
ORAL ORDER
ORDER IN R/FIRST APPEAL NO. 2249 of 2019 :
1. Heard learned Advocate Mr. Maulik Shelat for the appellant and
learned Advocate Mr. Hiren Modi for the defendant Nos. 2 and 3 - original
claimants.
2. ADMIT. Learned Advocate Mr. Hiren Modi waives process of
admission on behalf of the defendant Nos. 2 and 3- original claimants.
ORDER IN CIVIL APPLICATION (FOR STAY) NO. 2 of 2018 In
R/FIRST APPEAL NO. 2249 of 2019 :
1. Heard learned Advocate Mr. Maulik Shelat for the applicant and
learned Advocate Mr. Hiren Modi for the opponent Nos. 2 and 3 - original
claimants.
C/FA/2249/2019 ORDER
2. Learned Advocate Mr. Maulik Shelat informs that in compliance of
the order dated 08.05.2019, the entire awarded amount is deposited with the
concerned Tribunal. Considering the same, the impugned judgment and
award dated 12.05.2018 passed by the M.A.C. Tribunal (Auxi.), Vadodara, in
MACP No. 1661 of 2002 shall remain stayed till final disposal of the First
Appeal.
3. With the above observation, this application is disposed of.
ORDER IN CIVIL APPLICATION (FOR WITHDRAWAL/
DISBURSEMENT OF AMOUNT) NO. 1 of 2021 In R/FIRST APPEAL
NO. 2249 of 2019 :
1. Heard learned Advocate Mr. Hiren Modi for the applicant Nos. 2 and
3-original claimants and learned Advocate Mr. Maulik Shelat for the
opponent No.5- Insurance Company.
2. In compliance of the order dated 08.05.2019, the entire amount as
awarded by the Tribunal has been deposited with the Tribunal.
3. Considering the same, the learned Tribunal shall disburse 30% of the
awarded amount in favour of applicant Nos.2 and 3-original claimants by
A/c. Payee Cheque only, after due verification and whereas remaining 70%
amount shall be invested in cumulative Fixed Deposit Receipt in any
Nationalized Bank initially for a period of 3 years and shall be renewed as
and when necessary till final disposal of the Appeal. The original Fixed
Deposit Receipt shall be retained with the Nazir of the concerned Tribunal.
4. With the above observations and directions, this application is
disposed of.
(NIKHIL S. KARIEL,J)
BDSONGARA
