New India Insurance Co Ltd vs Tansingbhai Shakanbhai Kishori
2021 Latest Caselaw 3928 Guj

       C/FA/1929/2020                               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. 1929 of 2020
==========================================================

TANSINGBHAI SHAKANBHAI KISHORI Versus MAHESHKUMAR SOMABHAI SANGADA ========================================================== Appearance:

MS TASNIM A ZABUAWALA for the PETITIONER(s) No. for the RESPONDENT(s) No. MR PALAK H THAKKAR for the RESPONDENT(s) No. MR VIJAL P DESAI for the RESPONDENT(s) No. ==========================================================

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

Date : 08/03/2021

IA ORDER

1. Heard learned advocate Ms. Tasnim Zabuawala on behalf

of the applicant, learned advocate Mr. Palak Thakkar for the

respondent No.1 - Insurance Company and learned advocate

Mr. Vijal Desai on behalf of respondent No.2 through video

conference.

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

disbursement of the amount awarded by the learned MAC

Tribunal (Aux.), Dahod in MACP No.251 of 2006.

3. Learned advocate Ms. Tasnim Zabuawala on behalf of the

C/FA/1929/2020 IA ORDER

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

First Appeal vide order dated 14.10.2020, co-ordinate bench of

this Court (Coram: N. V. ANJARIA, 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 cumulative

fixed deposit account with a nationalised bank and whereas

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