Oriental Insurance Co Ltd vs Maheshbhai Manjibhai Vaghela & on 17 September, 2014

[Cites 0, Cited by 2]

Gujarat High Court

Oriental Insurance Co Ltd vs Maheshbhai Manjibhai Vaghela & on 17 September, 2014

Bench: Ravi R.Tripathi

          C/CA/934/2014                                      ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

           CIVIL APPLICATION (FOR STAY) NO. 934 of 2014

                In FIRST APPEAL NO. 296 of 2014
===========================================================
=====
            ORIENTAL INSURANCE CO LTD....Applicant(s)
                            Versus
       MAHESHBHAI MANJIBHAI VAGHELA & 1....Respondent(s)
================================================================
Appearance:
MR DAKSHESH MEHTA, ADVOCATE for the Applicant(s) No. 1
MR PARESH M DARJI, ADVOCATE for the Respondent(s) No. 1.1 - 1.2
NOTICE SERVED for the Respondent(s) No. 2
================================================================

        CORAM: HONOURABLE MR.JUSTICE RAVI R.TRIPATHI

                              Date : 17/09/2014


                               ORAL ORDER

1. The present civil application is filed seeking stay of the impugned judgment and award.

2. The Court issued notice after hearing learned advocate for the applicant. The same is served. Learned advocate Mr.Paresh M Darji appears for respondent nos.1.1 and 1.2. Respondent no.2 is the owner of the vehicle which is insured by the applicant-insurance company and he is not a contesting party so far as this civil application is concerned.

Page 1 of 2 C/CA/934/2014 ORDER

3. Rule. Learned advocate Mr.Paresh Darji waives service of process of rule for respondent nos.1.1 and 1.2.

4. Learned advocate Mr.Mehta submitted that legal contentions are raised in the first appeal and, therefore, it will be in the fitness of things if the orders of investment and disbursement are passed in the ratio of 80:20.

5. The Hon'ble Tribunal is directed to deposit 80% of the amount in Fixed Deposit (cumulative) initially for a period of three years to be renewed from time to time till the final disposal of the first appeal. The physical possession of the FDR should be retained by the Nazir of the Court and remaining 20% shall be disbursed as per the directions contained in the judgment and award.

6. This Civil Application is allowed. Rule is made absolute.

(RAVI R.TRIPATHI, J.) Srilatha Page 2 of 2

Unlock Advanced Research with PRISMAI

Gujarat High Court