Oriental Insurance Company ... vs Narendra Keshavlal Makhija
2021 Latest Caselaw 4165 Guj

       C/FA/2230/2020                               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. 2230 of 2020
==========================================================

NARENDRA KESHAVLAL MAKHIJA Versus ORIENTAL INSURANCE COMPANY LIMITED ========================================================== Appearance:

MR KARTIKEY P RAWAL for the PETITIONER(s) No. MS KARUNA V RAHEVAR for the RESPONDENT(s) No. ==========================================================

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

Date : 15/03/2021

IA ORDER

1. Heard learned advocate Mr. K. P. Rawal on behalf of the

applicants and learned advocate Ms. Karuna Rahevar on behalf

of opponent No.1- original appellant.

2. Vide an order dated 06.11.2020, this Court (Coram: Biren

Vaishnav, J.) had directed that the impugned judgment and

award passed by the learned Tribunal shall remain stayed on

condition that the appellant shall deposit the entire amount

with costs and interest before the concerned Tribunal within

4 weeks.

C/FA/2230/2020 IA ORDER

3. Learned advocate Ms. Rahevar informs this Court that the

said order has been complied with. In view thereof, learned

advocate Mr. Rawal requests this court to pass orders of

disbursement/investment.

4. Considering the same, the learned Tribunal shall disburse

30% of the entire deposited amount to the applicants herein

after due verification. As regards remaining 70% of the

amount, the same shall be deposited in a fixed deposit account

with any nationalised bank initially for a period of 3 years,

renewed from time to time till final disposal of the appeal. The

applicants herein shall be entitled to periodical interests. The

original FDR's to be retained by the Nazir of the concerned

Tribunal.

5. With these observations and directions, the present Civil

Application stands disposed of.

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