The New India Assurance Company ... vs Vandnaben Shaileshbhai Shukla
2021 Latest Caselaw 17553 Guj

    C/FA/2573/2021                              IA ORDER DATED: 22/11/2021




           IN THE HIGH COURT OF GUJARAT AT AHMEDABAD


               CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
                    In R/FIRST APPEAL NO. 2573 of 2021
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THE NEW INDIA ASSURANCE COMPANY LIMITED Versus VANDNABEN SHAILESHBHAI SHUKLA ========================================================== Appearance:

for the PETITIONER(s) No. MR RATHIN P RAVAL for the PETITIONER(s) No. NISHIT A BHALODI for the RESPONDENT(s) No. RULE SERVED for the RESPONDENT(s) No. ==========================================================

CORAM:HONOURABLE MR. JUSTICE VIPUL M. PANCHOLI

Date : 22/11/2021

IA ORDER Learned advocate Mr.P.M.Dave submits that he has received instructions to appear for respondent no.6. Heard the learned advocates appearing for the respective parties.

The main appeal has been admitted and stay is granted of impugned judgment and award vide order dated 22.9.2021 on condition to deposit the entire amount with interest and cost. It is submitted by learned advocate for the applicant that the said order has been complied with.

In view of the same, the stay granted vide order dated 22.9.2021 is stayed till final disposal of the appeal. The Trial Court shall invest 70% of the amount in a Fixed Deposit Receipts in a nationalized Bank initially for a period of 3 years and renewable from time to time for similar period till final disposal of the appeal and 30% of the amount shall be given to the original claimants upon proper verification. The original

C/FA/2573/2021 IA ORDER DATED: 22/11/2021

claimants are also entitled to periodical interest that may accrue on the Fixed Deposit Receipts. The original FDRs to be retained by the Trial Court.

Accordingly, the application is disposed of. Rule is made absolute.

(VIPUL M. PANCHOLI, J) SRILATHA