Bajaj Alliance General Insurance ... vs Bhavnaben Ramabhai Solanki
2021 Latest Caselaw 4275 Guj

            C/FA/3978/2019                                    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. 3978 of 2019
==========================================================

BHAVNABEN RAMABHAI SOLANKI Versus MINESHKUMAR MAHESHBHAI PATEL ========================================================== Appearance:

MR R G DWIVEDI for the PETITIONER(s) No. MS POOJA H HOTCHANDANI for the PETITIONER(s) No. for the RESPONDENT(s) No. MR H G MAZMUDAR, ADVOCATE for MR GC MAZMUDAR for the RESPONDENT(s) No. MR MAULIK J SHELAT for the RESPONDENT(s) No. ========================================================== CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

Date : 16/03/2021 IA ORDER

1. Heard learned Advocate Mr. R.G. Dwivedi for the applicant-original claimant, learned Advocate Mr.Maulik Shelat for the opponent No.3- Insurance Company and learned Advocate Mr. H.G. Mazmudar for the opponent No.5-Insurance Company.

2. By way of this application, the applicant-original claimant seeks appropriate order for disbursement of the amount as awarded by the learned Tribunal.

3. Vide order dated 30.08.2019 this Court (Coram : A.S. Supehia, J) while issuing notice for final disposal of appeal had passed an order of granting stay of impugned judgment and award passed by the M.A.C. Tribunal, 15th Additional District Judge, Vadodara at Savli, dated 05.04.2020 in M.A.C.P No.24 of 2017, in the Civil Application (For Stay) on condition that the applicant shall deposit the entire awarded amount with the Tribunal on or before the returnable date.

C/FA/3978/2019 IA ORDER

4. Learned Advocate Mr. Dwivedi informs that in compliance of the aforesaid order dated 30.08.2019, the entire amount as awarded by the Tribunal has been deposited with the Tribunal, therefore he requests that appropriate order for disbursement may be passed by this Court.

5. Considering the same, the learned Tribunal shall disburse 30% of the entire awarded amount in favour of applicant 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.

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

(NIKHIL S. KARIEL,J) BDSONGARA