Reliance General Insurance ... vs Hansaben Dineshbhai ...
2021 Latest Caselaw 4276 Guj

         C/FA/2396/2020                                     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. 2396 of 2020
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HANSABEN DINESHBHAI SINDHVA(SENVA) Versus KHANDER PUSHPABEN DINESHBHAI ========================================================== Appearance:

MR KRUNAL D PANDYA for the PETITIONER(s) No. for the RESPONDENT(s) No. MR RATHIN P RAVAL for the RESPONDENT(s) No. ==========================================================

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

Date : 16/03/2021 IA ORDER

1. Heard learned Advocate Mr. Krunal Pandya for the applicants- original claimants and learned Advocate Mr.Rathin Raval for the opponent No.3-Insurance Company.

2. Vide order dated 03.12.2020 this Court (Coram : Ilesh J. Vora, J) had stayed the impugned judgment and award subject to the condition that the entire awarded amount be deposited before the learned Tribunal within 4 weeks from today. Further vide order dated 24.02.2021 this Court (Coram : Vaibhavi D. Nanavati, J) had recorded the fact of the entire awarded amount having been deposited before the Tribunal.

3. Learned Advocate Mr. Pandya informs that in compliance of the aforesaid order dated 03.12.2020, 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.

C/FA/2396/2020 IA ORDER

4. Considering the same, the learned Tribunal shall disburse 30% of the entire awarded amount in favour of applicants by A/c. Payee Cheque only, after due verification. As far as the remaining 70% amount is concerned, the same shall be invested in 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 and whereas the applicants shall be entitled for periodical interest accrued on the said FDR. The original Fixed Deposit Receipt shall be retained with the Nazir of the concerned Tribunal.

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

(NIKHIL S. KARIEL,J) BDSONGARA