Reliance General Insurance Co. ... vs Kantibhai Khodabhai Parmar
2021 Latest Caselaw 4314 Guj

       C/FA/2671/2020                               IA ORDER




        IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


            CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                 In R/FIRST APPEAL NO. 2671 of 2020
==========================================================

RELIANCE GENERAL INSURANCE CO. LTD.

Versus KANTIBHAI KHODABHAI PARMAR ========================================================== Appearance:

for the PETITIONER(s) No. MR RATHIN P RAVAL for the PETITIONER(s) No. MR PARESH M DARJI for the RESPONDENT(s) No. RULE SERVED 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

applicant / appellant and learned advocate Mr. Paresh Darji for

the opponent No.1 - original claimant.

2. Vide an order dated 05.01.2021, this Court (Coram:

Vaibhavi D. Nanavati, J.) had granted stay of the impugned

judgment and award on condition that the applicant insurance

company deposits the entire amount of liability with the

Tribunal by the next date of hearing.

3. Learned advocate Mr. Raval informs that the said order

C/FA/2671/2020 IA ORDER

has been complied with. Learned advocate Mr. Darji for the

claimant submits that in that view of the matter, as the

amount is deposited, appropriate orders may be passed by the

Court.

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 cumulative 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 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 07.01.2020 passed by the learned MACT (Aux.) and 5th

Additional District Court at Petlad in MACP No. 198/2018

shall remain stayed pending final disposal of the present First

Appeal.

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