Cholamandalam M S General ... vs Nileshkumar Karamsibhai ...
2021 Latest Caselaw 3923 Guj

        C/FA/1867/2020                               IA ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


CIVIL APPLICATION (FOR WITHDRAWAL/DISBURSEMENT OF AMOUNT)
                           NO. 1 of 2021
                In R/FIRST APPEAL NO. 1867 of 2020
==========================================================

NILESHKUMAR KARAMSIBHAI CHOVATIYA Versus CHOLAMANDALAM M S GENERAL INSURANCE CO. LTD. ========================================================== Appearance:

for the PETITIONER(s) No. MR MONAL S CHAGLANI for the PETITIONER(s) No. MR RATHIN P RAVAL for the RESPONDENT(s) No. ==========================================================

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

Date : 08/03/2021

IA ORDER

1. Heard learned advocate Mr. Monal S. Chaglani on behalf

of the applicant and learned advocate Mr. Rathin P. Raval on

behalf of the respondent No.1 - Insurance Company through

video conference.

2. By way of this application, the applicant prays for

disbursement of the amount awarded by the learned MAC

Tribunal (Auxi.), at Keshod in MAC Petition No.491/2017.

3. Learned advocate Mr. Chaglani on behalf of the applicant

points out that in Civil Application No.1/2020 in the First Appeal

C/FA/1867/2020 IA ORDER

vide order dated 06.10.2020, co-ordinate bench of this Court

(Coram: A. C. Rao, J) has directed to deposit the entire amount

along with proportionate cost and interest as a condition for

staying the impugned judgment and award. He further submits

that the entire amount has been deposited with this Court.

Considering the same, the learned Tribunal shall disburse the

30% of the amount in favour of the applicant herein after

proper verification and as far as the remaining 70% is

concerned, the same shall be deposited in a fixed deposit

account with a nationalised bank and whereas periodical

interest to be paid to the claimants and the receipts of the

fixed deposit shall be retained by the Nazir of the concerned

Court.

4. With this direction, the application is disposed of.

(NIKHIL S. KARIEL,J) MAYA S. CHAUHAN