The Oriental Insurance Co.Ltd. vs Ashaben D/O Fatesinh Rathodia And ...
2021 Latest Caselaw 3977 Guj

       C/FA/2458/2020                                         IA ORDER




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


             CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                  In R/FIRST APPEAL NO. 2458 of 2020
==========================================================

THE ORIENTAL INSURANCE CO.LTD.

Versus ASHABEN D/O FATESINH RATHODIA AND W/O VIJAYBHAI RATHODIA ========================================================== Appearance:

for the PETITIONER(s) No. MR VC THOMAS for the PETITIONER(s) No. MR HARDIK H DAVE for the RESPONDENT(s) No. RULE SERVED for the RESPONDENT(s) No. ==========================================================

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

Date : 09/03/2021

IA ORDER

1. Heard learned advocate Mr. V. C. Thomas on behalf of

the applicant and learned advocate Mr. Hardik Dave on behalf

of the respondents No.1 & 2.

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

the execution, implementation and operation of the judgment

and award dtd. 17.10.2019 passed by the learned MAC

Tribunal (Auxi.), Panchmahals at Halol in MACP

No. 3056/2017.

3. Learned advocate Mr. Thomas for the applicant-

C/FA/2458/2020 IA ORDER

Insurance Company submits that in Civil Application No.1/2020

in the First Appeal vide order dated 04.12.2020, co-ordinate

bench of this Court (Coram: Umesh A. Trivedi, J.) had been

pleased to admit the First Appeal and whereas the impugned

judgment and award passed by the learned MAC Tribunal

(Aux.), Panchmahals at Halol in MACP No. 3056/2017 had been

stayed subject to the condition that the entire amount awarded

by the Tribunal shall be deposited along with the cost and

interest with the Tribunal concerned.

4. Learned advocate further points out that the entire

amount awarded by the Tribunal with cost and interest have

been deposited with the concerned Tribunal. Learned advocate

on behalf of the claimants requests that since the amount is

deposited, appropriate orders for disbursement shall be passed

by this Court.

5. Considering the same, it is directed that 30% of the

entire amount deposited by the insurance company with the

learned Tribunal shall be disbursed in favour of the

respondents No.1 & 2 - original claimants herein and whereas

as regards the 70%, the same shall be deposited in a

cumulative fixed deposit account with any nationalised bank,

C/FA/2458/2020 IA ORDER

to be renewed periodically till final disposal of the First Appeal

and whereas the fixed deposit shall not be encashed without

further orders from this Court. The original FDR's shall be

retained by the Nazir of the concerned Tribunal.

6. In view of the above observations, the impugned

judgment and award passed by learned MAC Tribunal (Aux.)

Panchmahal at Halol in MACP No. 3056/2017 dtd. 17.10.2019

shall remain stayed till final disposal of the First Appeal. The

present application stands allowed. Rule made absolute in the

above terms.

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