Gujarat High Court
United India Ins.Co.Ltd vs Heirs And Lrs Of Decd. Madar- Sang ... on 1 August, 2003
Author: J.M.Panchal
Bench: J.M.Panchal
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
FIRST APPEAL No 1398 of 2003
with
CIVIL APPLICATION NO. 5337 OF 2003
--------------------------------------------------------------
UNITED INDIA INS.CO.LTD.
Versus
HEIRS AND LRS OF DECD. MADAR- SANG RAISANGBHAI PARMAR
--------------------------------------------------------------
Appearance:
1. First Appeal No. 1398 of 2003
MR PV NANAVATI for Petitioner No. 1
MR VIBHUTI NANAVATI for Petitioner No. 1
MR HARSHIT S TOLIA for Respondent No. 1-1/6
.......... for Respondent No. 1/7-1/8
--------------------------------------------------------------
CORAM : MR.JUSTICE J.M.PANCHAL
and
MR.JUSTICE SHARAD D.DAVE
Date of Order: 01/08/2003
ORAL ORDER
(Per : MR.JUSTICE J.M.PANCHAL) FIRST APPEAL NO. 1398 OF 2003 :
Admitted. Mr.H.S.Tolia learned advocate waives service of notice on behalf of respondent no. 1 to 6.
CIVIL APPLICATION NO. 5337 OF 2003 :
Learned counsel of the applicant seeks permission to delete the names of opponent nos. 7 & 8 from this application. Permission as prayed for is granted. The names of opponent nos. 7 & 8 stands deleted from the instant application.
Rule. Mr.H.S.Tolia learned counsel waives service of notice on behalf of opponent nos. 1 to 6. Having regard to the facts of the case, the application is heard today.
By filing this application, the applicant has HC-NIC Page 1 of 2 Created On Wed Aug 26 02:20:56 IST 2015 prayed to stay execution and operation of judgment and award dated February 25, 2003 passed by the M.A.C.T.(Aux.), Bhavnagar in M.A.C.P. no. 538/96, during the pendency and hearing of the appeal. Appeal is already ordered to be admitted by separate order and is pending for final disposal. On the facts and in the circumstances of the case, prayer made in para 6(A) is granted on condition that the applicant deposits entire awarded amount together with interest and costs in the Tribunal within six weeks from today. The office is directed to remit Rs.25,000/- deposited by the application in instant appeal to the Tribunal within two weeks from today. The Tribunal shall take into consideration the said amount while calculating the amount to be deposited by the applicant pursuant to this order. On amount being deposited 40% of the amount shall be permitted to be withdrawn by the respondent no. 1 to
6. Rest of the amount shall be invested in cumulative fixed deposit with any nationalized bank initially for a period of five years. The fixed deposit shall be renewed from time to time if the appeal is not disposed of before the date of maturity of the fixed deposit. Rule is made absolute accordingly. There shall be no orders as to costs.
( J.M.PANCHAL, J ) ( SHARAD D DAVE, J ) srilatha HC-NIC Page 2 of 2 Created On Wed Aug 26 02:20:56 IST 2015