The Oriental Insurance Co. Ltd. vs Rutvi Prashantbhai Modi D/O ...
2021 Latest Caselaw 4313 Guj

         C/FA/2590/2020                                IA ORDER




          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


              CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                   In R/FIRST APPEAL NO. 2590 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 / appellant, learned advocate Mr. Sanjay Mehta

for opponent No.1 - original claimant and learned advocate

Mr. Vibhuti Nanavati on behalf of respondent No.4.

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

Vaibhavi Nanavati, J.) had while admitting the First Appeal

directed to stay the impugned judgment and award on

condition that the appellant - insurance company deposits with

the learned Tribunal the entire awarded amount with interest

C/FA/2590/2020 IA ORDER

and costs by the next returnable date.

3. Today, learned advocate Mr. Raval has informed this

Court that the said order has been complied with and the

entire amount has been deposited. Learned advocate

Mr. Mehta for the original claimant submits that in view of such

deposit of the amount by the insurance company, appropriate

orders may be passed by this Court for disbursement of the

amount. Considering the same, let 25% of the entire deposited

amount be released / disbursed in favour of the claimant after

due verification. In so far as the remaining 75% of the amount

is concerned, the same shall be deposited in a cumulative

fixed deposit account initially for a period of 3 years with any

Nationalised Bank renewed from time to time till final disposal

of the First Appeal. Original FDR's to be retained by the Nazir

of the concerned Court.

4. In view of the directions herein above, the impugned

judgment and award dated 21.11.2019 passed by the learned

MACT (Aux.), Ahmedabad in MACP No.235/2012 shall remain

stayed till final disposal of the First Appeal.

5. With these observations and directions, the present Civil

C/FA/2590/2020 IA ORDER

Application stands allowed.

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