Iffco Tokio General Insurance Co. ... vs Nayi Rashmiben Wd/O Manubhai ...
2021 Latest Caselaw 4162 Guj

        C/FA/2693/2020                               IA ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


             CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                  In R/FIRST APPEAL NO. 2693 of 2020
==========================================================

IFFCO TOKIO GENERAL INSURANCE CO. LTD.

Versus NAYI RASHMIBEN WD/O MANUBHAI GOVINDBHAI ========================================================== Appearance:

for the PETITIONER(s) No. MR RATHIN P RAVAL for the PETITIONER(s) No. RULE SERVED for the RESPONDENT(s) No. RULE UNSERVED for the RESPONDENT(s) No. ==========================================================

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

Date : 15/03/2021

IA ORDER

1. Heard learned advocate Mr. Rathin P. Raval on behalf of

the applicant /appellant.

2. Vide an order dated 05.01.2021, this Court (Coram:

Vaibhavi D. Nanavati, J.) had admitted the First Appeal and

directed to stay of the impugned judgment and award subject

to the condition that the entire awarded amount is deposited

with the concerned Tribunal.

3. Learned advocate Mr. Raval informs this Court that the

said order has been complied with and the entire amount has

C/FA/2693/2020 IA ORDER

been deposited with the Tribunal. He further submits that

inspite of notice being served to the claimants, they have

chosen not to appear.

4. In that view of the matter, the learned Tribunal is

directed to invest the entire amount deposited by the applicant

in any cumulative fixed deposit account with any Nationalised

Bank, initially for a period of 3 years and thereafter same shall

be renewed from time to time till final disposal of the present

appeal. The original FDR's shall be retained by the Nazir of the

concerned court. It will be open for the claimants to file

appropriate application for withdrawal/disbursement etc.

5. In view of the above, the impugned judgment and order

passed by the MACT (Auxi-2), Patan, At - Radhanpur dated

31.12.2019 in MACP No.371 of 2018 shall remain stayed

pending final disposal of this appeal.

6. With these observations and directions, the present

application stands allowed.

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