Gujarat High Court
Reliance General Insurance Co Ltd vs Geetaben Wd/O Kalanbhai Alias ... on 6 February, 2020
Author: N.V.Anjaria
Bench: N.V.Anjaria
C/FA/5489/2019 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 5489 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2019
In R/FIRST APPEAL NO. 5489 of 2019
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RELIANCE GENERAL INSURANCE CO LTD
Versus
GEETABEN WD/O KALANBHAI ALIAS KALYANBHAI PATEL D/O
NARSINHBHAI RAVJIBHAI PATEL
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Appearance:
MR RATHIN P RAVAL(5013) for the Appellant(s) No. 1
MR. RAJENDRA D JADHAV(10026) for the Defendant(s) No. 3,4
NISHIT A BHALODI(9597) for the Defendant(s) No. 1,2
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CORAM: HONOURABLE MR.JUSTICE N.V.ANJARIA
Date : 06/02/2020
ORAL ORDER
Record and Proceedings shall be called for so as to reach this Court on or before the next date.
Stand over to 19th March, 2020.
ORDER IN CIVIL APPLICATION Heard learned advocates for the respective parties.
2. It was stated that amount pursuant to order dated 27th November, 2019 is deposited by the insurance company.
3. Since the amount is deposited and Appeal would take time to reach its final hearing and decision, the following decision would sub-serve the interest of justice at this stage.
(i) Out of the total amount deposited as above Page 1 of 2 Downloaded on : Fri Feb 07 03:13:55 IST 2020 C/FA/5489/2019 ORDER by the applicant insurance company, sum to the extent of 70% as may be rounded-off shall be invested by the Tribunal in a fixed deposit with any nationalised bank for initial period of three years, renewable until final disposal of the appeal;
(ii) The original claimants shall be entitled to receive periodical interest on the invested amount as above at the end of every quarter of the year;
(iii) The claimants shall not be entitled to raise any loan or financial assistance on the basis of the invested amount in the fixed deposit;
(iv) The fixed deposit receipt shall remain in the custody of Nazir of the Tribunal;
(v) The remaining 30% amount of the total amount deposited shall be disbursed amongst the claimants in equal proportion;
(vi) Before disbursement of the amount, the Tribunal shall verify the identity of the claimants and shall follow the procedure as may be required;
(vii) Disbursement of the amount in favour of the claimants shall be done by issuing Account Payee cheque in the name of the claimant.
Civil Application stands disposed with the confirmation of stay in the aforesaid terms. Rule is made absolute.
(N.V.ANJARIA, J) Anup Page 2 of 2 Downloaded on : Fri Feb 07 03:13:55 IST 2020