Gujarat High Court
The New India Assurance Co. Ltd vs Pruthvisinh Mangalsinh Parmar & 2 on 15 November, 2006
Author: M.S.Shah
Bench: M.S.Shah
FA/4415/2006 1/2 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST APPEAL No. 4415 of 2006
With
CIVIL APPLICATION No. 12948 of 2006
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THE NEW INDIA ASSURANCE CO. LTD. - Appellant(s)
Versus
PRUTHVISINH MANGALSINH PARMAR & 2 - Defendant(s)
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Appearance :
MR AJAY R MEHTA for Appellant(s) : 1,
None for Defendant(s) : 1 - 3.
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CORAM : HONOURABLE MR.JUSTICE M.S.SHAH
and
HONOURABLE MR.JUSTICE AKIL KURESHI
Date : 15/11/2006
ORAL ORDER
(Per : HONOURABLE MR.JUSTICE M.S.SHAH) ORDER IN FA:
Appeal is admitted. ORDER IN CA:
Rule returnable on 27th December 2006.
2. In view of the statement coming from Mr.Sunil Parikh for Mr.A.R.Mehta for the applicant Insurance Company that the amount awarded by the Tribunal together with proportionate costs and interest has been deposited with the Tribunal, there shall be ad interim stay of the execution of the award under challenge in the First Appeal. Since the amount HC-NIC Page 1 of 2 Created On Fri Mar 24 00:30:40 IST 2017 FA/4415/2006 2/2 ORDER deposited by the Insurance Company was also ordered to be invested as per the order dated 27th October 2005 in Civil Application No.11077 of 2005 for condonation of delay, it would be reasonable to proceed on the basis that the entire amount must have been invested by the Tribunal as per the said directions.
3. Under the circumstances, we direct the Tribunal to permit the claimants to withdraw the interest periodically accruing on the fixed deposit and, if permissible, also to permit the claimants to withdraw the interest already accrued.
(M.S.Shah, J.) (Akil Kureshi, J.) (vjn) HC-NIC Page 2 of 2 Created On Fri Mar 24 00:30:40 IST 2017