The New India Assurance Co Ltd vs Shrenik Hashmukhlal Doshi
2021 Latest Caselaw 4171 Guj

            C/FA/1727/2020                                    ORDER



            IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/FIRST APPEAL NO. 1727 of 2020
                                  With
               CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
                    In R/FIRST APPEAL NO. 1727 of 2020
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                      THE NEW INDIA ASSURANCE CO LTD
                                   Versus
                        SHRENIK HASHMUKHLAL DOSHI
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Appearance:
MR SUNIL B PARIKH(582) for the Appellant(s) No. 1
DHARAMVEERSINH J SOLANKI(7481) for the Defendant(s) No. 1
MS RUSHANG D MEHTA, ADVOCATE for MS. JINAL D SOLANKI(10006) for the
Defendant(s) No. 1
NOTICE NOT RECD BACK(3) for the Defendant(s) No. 2
NOTICE UNSERVED(8) for the Defendant(s) No. 3
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 CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL
                    Date : 15/03/2021
                     ORAL ORDER

ORDER IN R/FIRST APPEAL NO. 1727 of 2020 :

Heard learned Advocate Mr. Sunil B. Parikh for the appellant and learned Advocate Mr. Rushang D. Mehta for the defendant No.1.

ADMIT. Learned Advocate Mr. Rushang D. Mehta waives service of notice of admission for the defendant No.1.

ORDER IN CIVIL APPLICATION (FOR STAY) NO. 1 of 2019 In R/FIRST APPEAL NO. 1727 of 2020 :

1. Heard learned Advocate Mr. Sunil B. Parikh for the applicant and learned Advocate Mr. Rushang D. Mehta for the opponent No.1-original claimant.

2. Vide order dated 18.09.2020 this Court (Coram : A.C. Rao, J) had directed stay of operation, execution and implementation of the impugned judgment and award dated 18.01.2019 passed by the Special Judge, CBI Court No.3 and M.A.C. Tribunal (Auxiliary), Ahmedabad City, in M.A.C.

C/FA/1727/2020 ORDER

Petition No.56 of 2011 on condition that the appellant-Insurance Company shall deposit entire awarded amount before the Tribunal on or before the next returnable date.

3. Learned Advocate Mr. Sunil B. Parikh informs that in compliance of the aforesaid order dated 18.09.2020, the entire amount as awarded by the Tribunal has been deposited with the Tribunal. In view thereof, learned Advocate Mr. Rushang Mehta for the opponent No.1-original claimant requests that this Court may pass appropriate order for disbursement/investment of the awarded amount already deposited with the Tribunal.

4. Considering the same, the learned Tribunal is directed to disburse 30% of the entire awarded amount in favour of opponent No.1- original claimant by A/c. Payee Cheque only, after due verification. As far as the remaining 70% amount is concerned, the same shall be invested in cumulative Fixed Deposit Receipt in any Nationalized Bank initially for a period of 3 years and shall be renewed from time to time till final disposal of the Appeal. The original Fixed Deposit Receipt shall be retained with the Nazir of the concerned Tribunal.

5. In view of the above observations, the impugned judgment and award dated 18.01.2019 passed by the Special Judge, CBI Court No.3 and M.A.C. Tribunal (Auxiliary), Ahmedabad City, in M.A.C. Petition No.56 of 2011 shall remain stayed till final disposal of the Appeal.

6. With the above observations and directions, this application is disposed of.

(NIKHIL S. KARIEL,J) BDSONGARA