National Insurance Company Ltd vs Ranchhodbhai Savjibhai Baraiya & on 15 September, 2015

[Cites 0, Cited by 0]

Gujarat High Court

National Insurance Company Ltd vs Ranchhodbhai Savjibhai Baraiya & on 15 September, 2015

Bench: S.H.Vora

                     C/CA/7095/2015                                             ORDER



                     IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
                      CIVIL APPLICATION (FOR STAY) NO. 7095 of 2015
                                In FIRST APPEAL NO. 1234 of 2015
                                               With
                                CROSS OBJECTION NO. 62 of 2015
                                                 In
                                  FIRST APPEAL NO. 1234 of 2015
         ==========================================================
                   NATIONAL INSURANCE COMPANY LTD.....Applicant(s)
                                     Versus
                 RANCHHODBHAI SAVJIBHAI BARAIYA & 1....Respondent(s)
         ==========================================================
         Appearance:
         MR DAKSHESH MEHTA, ADVOCATE for the Applicant(s) No. 1
         MR MEHUL S SHAH, ADVOCATE for the Respondent(s) No. 1.1 - 1.6 , 1.8 -
         1.9
         MR VISHAL C MEHTA, ADVOCATE for the Respondent(s) No. 1.1 - 1.6 , 1.8 -
         1.9
         RULE SERVED for the Respondent(s) No. 1.1 - 1.6 , 1.8 - 1.9 , 2 - 3
         ==========================================================
                   CORAM: HONOURABLE MR.JUSTICE S.H.VORA
                                Date : 15/09/2015
                                          ORAL ORDER

ORDER IN CIVIL APPLICATION (FOR STAY) NO. 7095 of 2015

1. Having heard the submissions made at Bar, it appears that the order dated 9.7.2015 has been complied with by the applicant and the amount deposited by the applicant is laying with the Tribunal.

2. Under the circumstances, order dated 9.7.2015 is hereby made absolute till final disposal of the First Appeal. However, it is clarified that respondent No.1original claimant will be entitled to withdraw periodical interest that may accrue on F.D.R. that is to be Page 1 of 2 HC-NIC Page 1 of 2 Created On Wed Sep 16 02:26:03 IST 2015 C/CA/7095/2015 ORDER made by the learned Tribunal in pursuance to the order dated 9.7.2015. Learned Tribunal shall keep original F.D.R. in its custody and in unincumbent position.

3. With the above observations, the present application stands disposed of. Rule is made absolute accordingly.

ORDER IN CROSS OBJECTION NO. 62 of 2015 To be heard with First Appeal No.1234 of 2015.

Mr.Vishal Mehta, learned advocate waives service of Notice of admission for respondent No.3.

(S.H.VORA, J.) ali Page 2 of 2 HC-NIC Page 2 of 2 Created On Wed Sep 16 02:26:03 IST 2015

Unlock Advanced Research with PRISMAI

Gujarat High Court