Gujarat High Court
New India Assurance Co. Ltd vs Kamlaben Prabhakar Chaudhary & on 7 October, 2013
Author: M.D. Shah
Bench: M.D. Shah
NEW INDIA ASSURANCE CO. LTD.....Appellant(s)V/SKAMLABEN PRABHAKAR CHAUDHARY C/FA/2629/2013 ORDER IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL NO. 2629 of 2013 With CIVIL APPLICATION NO. 9714 of 2013 In FIRST APPEAL NO. 2629 of 2013 ============================================= NEW INDIA ASSURANCE CO. LTD.....Appellant(s) Versus KAMLABEN PRABHAKAR CHAUDHARY & 3....Defendant(s) ============================================= Appearance: MR KV GADHIA, ADVOCATE for the Appellant(s) No. 1 MR MTM HAKIM, ADVOCATE for the Defendant(s) No. 1 - 2 ============================================= CORAM: HONOURABLE MR.JUSTICE M.D. SHAH Date : 07/10/2013 ORAL ORDER
ORAL ORDER IN FIRST APPEAL.
ADMIT.
ORAL ORDER IN CIVIL APPLICATION.
[1] Rule.
Mr.Hakim, learned advocate waives service of rule on behalf of respondent nos.1 and 2.
[2] It is submitted by learned advocate for the applicant Insurance Company that entire awarded amount together with proportionate costs and interest has been deposited with the concerned Trial Court.
[3] Having heard learned advocates for the respective parties, interim relief in terms of para - 4(A) is granted till final disposal of the appeal.
[4] Out of the amount being deposited, respondents herein original applicants shall be at liberty to withdraw an amount of Rs.2,83,392/-. The concerned Trial Court after due verification shall pass necessary orders with respect to withdrawal of Rs.2,83,392/- by the respondents original applicants by way of account payee cheque. The remaining amount shall be invested by the concerned Trial Court by way of cumulative fixed deposit with any nationalized bank initially for a period of three years, and on maturity shall be renewed by one year at a time without any further orders in this regard till the disposal of the First Appeal.
[5] Respondent nos.3 and 4 herein have not preferred any appeal, therefore, original applicants are at liberty to recover the remaining amount from respondent nos.3 and 4.
In view of above, Civil Application is allowed.
Rule is made absolute to the aforesaid extent.
[M.D.Shah, J.] satish Page 2 of 2