Reliance General Insurance ... vs Thakor Shardaben Wd/O. Gamanji ...
2021 Latest Caselaw 4247 Guj

        C/FA/2125/2020                                IA ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


             CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                  In R/FIRST APPEAL NO. 2125 of 2020
==========================================================

RELIANCE GENERAL INSURANCE CO.LTD.

Versus THAKOR SHARDABEN WD/O. GAMANJI NAVRANGJI ========================================================== Appearance:

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

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

Date : 16/03/2021

IA ORDER

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

the appellant and learned advocate Mr. Yogendra Thakore on

behalf of opponents No. 1 to 5 - original claimants.

2. Vide an order dated 28.10.2020, this Court (Coram: Biren

Vaishnav, J.) had directed stay of the impugned judgment and

award passed by the Tribunal on condition that the appellant

shall deposit entire amount awarded with costs and interest.

3. Learned advocate Mr. Raval submits that the order of this

Court had been complied with and the entire amount has been

C/FA/2125/2020 IA ORDER

deposited. Learned advocate Mr. Thakore submits that in view

of the same, appropriate orders of disbursement / investment

may be passed by this Court.

4. Considering the same, learned Tribunal to disburse 30%

of the entire deposited amount to the respondents No.1 to 5 -

original claimants in the ratio of apportionment as directed by

the learned Tribunal after due and proper verification. So far as

70% is concerned, the same shall be deposited in the fixed

deposit account with any Nationalised Bank initially for a

period of 3 years renewed from time to time till final disposal

of the present First Appeal. The claimants shall be entitled for

periodical interests. Original FDR's to be retained by the Nazir

of the concerned Tribunal. In view of the directions passed

above, the impugned judgment and order dated 30.09.2019 in

MACP No.35/2009 by the learned MACT (Aux.) Mahesana shall

remain stayed till final disposal of the First Appeal.

5. With these observations and directions, the present First

Appeal stands allowed.

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