Icici Lombard General Insurance ... vs Kishorbhai Bhikhabhai Solanki ...
2021 Latest Caselaw 4065 Guj

           C/FA/2600/2020                                ORDER




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                    R/FIRST APPEAL NO. 2600 of 2020
                                 With
              CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                   In R/FIRST APPEAL NO. 2600 of 2020
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             ICICI LOMBARD GENERAL INSURANCE CO. LTD.
                              Versus
              KISHORBHAI BHIKHABHAI SOLANKI (FATHER)
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Appearance:
MR CHIRAYU A MEHTA(3256) for the Appellant(s) No. 1
NOTICE SERVED(4) for the Defendant(s) No. 1,2,3,4,5
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 CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

                            Date : 10/03/2021

                             ORAL ORDER

Order under First Appeal No. 2600 of 2020

Heard learned advocate Mr. Chirayu A Mehta for the appellant- Insurance Co. Ltd.

ADMIT.

Order under Civil Application No. 1 of 2020

Heard learned advocate Mr. Chirayu A Mehta for the appellant- Insurance Co. Ltd.

Vide order dated 23.12.2020, this Court ( Coram: Mr. AC Rao,J) had issued notice and stayed the impugned judgment and award passed by the learned MACT (Auxi.) dated 24.12.2019 in MACP No. 207 of 2013, on condition that the entire amount awarded by the tribunal along with the cost and interest shall be deposited before the concerned tribunal before the next date of hearing.

C/FA/2600/2020 ORDER

Today, learned advocate Mr. Mehta has informed the Court that the entire amount has been deposited.

The endorsement on the board shows that the respondents has been served in the appeal, so far as the present civil application is concerned rule is served upon the respondents, inspite of which there is no appearance on behalf of the said respondents.

Considering the same, the entire amount deposited by the appellant- Insurance Co. Ltd shall be invested in cumulative fixed deposit with any Nationalized Bank initially for a period of three years to be renewed from time to time, till the final disposal of the appeal.

The original-claimants is at liberty to file appropriate application for disbursement of the said amount.

The impugned judgment and award dated 24.12.2019 passed by the MACT (Auxi.) in MACP No. 207 of 2013 shall remain stayed till the final disposal of the present appeal.

With the above observation and direction, the civil application stands allowed.

(NIKHIL S. KARIEL,J) Radhika