The Oriental Insurance Co. Ltd. vs Rutvi Prashantbhai Modi D/O ...
2021 Latest Caselaw 4312 Guj

         C/FA/2593/2020                                IA ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


              CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                   In R/FIRST APPEAL NO. 2593 of 2020
==========================================================

THE ORIENTAL INSURANCE CO. LTD.

Versus RUTVI PRASHANTBHAI MODI D/O ALPABEN PRASHANTBHAI MODI ========================================================== Appearance:

for the PETITIONER(s) No. MR RATHIN P RAVAL for the PETITIONER(s) No. MR SANJAY A MEHTA for the RESPONDENT(s) No. MR VIBHUTI NANAVATI for the RESPONDENT(s) No. RULE UNSERVED for the RESPONDENT(s) No. ==========================================================

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

Date : 17/03/2021

IA ORDER

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

the applicant and learned advocate Mr. Sanjay Mehta on behalf

of the respondent.

2. Vide an order dated 18.01.2021, this Court (Coram:

Vaibhavi D. Nanavati, 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

amount as determined by the Tribunal before the next

returnable date.

3. Learned advocate Mr. Raval informs this Court that the

C/FA/2593/2020 IA ORDER

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

advocate Mr. Mehta 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 applicant 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

applicant herein shall be entitled to periodical interests. The

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

Tribunal.

5. In that view of the order, impugned judgment and order

dated 21.11.2019 passed by the learned MACT (Aux.), City

Civil & Sessions Court, Ahmedabad, in MACP No. 236/2012

shall remain stayed pending final disposal of the present First

Appeal.

6. With these observations and directions, the present Civil

Application stands allowed.

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