Gujarat High Court
Indian Oil Corporation Limited vs Heirs And Legal Representatives Of ... on 8 July, 2021
Author: Vineet Kothari
Bench: Vineet Kothari, B.N. Karia
C/FA/4917/2019 ORDER DATED: 08/07/2021
INDIAN OIL CORPORATION LIMITED Versus HEIRS AND LEGAL REPRESENTATIVES OF DECD. GAUTAMKUMAR DAN & 5 other(s)
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
(1) R/FIRST APPEAL NO. 4917 of 2019
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2018
In R/FIRST APPEAL NO. 4917 of 2019
With
CIVIL APPLICATION (FOR BRINGING HEIRS) NO. 1 of 2019
In R/FIRST APPEAL NO. 4917 of 2019
With
CIVIL APPLICATION (FOR WITHDRAWAL/DISBURSEMENT OF AMOUNT)
NO. 1 of 2020
In R/FIRST APPEAL NO. 4917 of 2019
With
CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2 of 2018
In R/FIRST APPEAL NO. 4917 of 2019
With
CIVIL APPLICATION (FOR CONDONATION OF DELAY) NO. 2 of 2019
In R/FIRST APPEAL NO. 4917 of 2019
With
(2) R/FIRST APPEAL NO. 4733 of 2019
==========================================================
INDIAN OIL CORPORATION LIMITED
Versus
HEIRS AND LEGAL REPRESENTATIVES OF DECD. GAUTAMKUMAR DAN
& 5 other(s)
==========================================================
Appearance:
M R BHATT AND CO.(5953) for the Appellant(s) No. 1
for the Defendant(s) No. 1,2
DARSHIT R BRAHMBHATT(8011) for the Defendant(s) No. 4,5
MR SUNIL B PARIKH(582) for the Defendant(s) No. 6
MR VIBHUTI NANAVATI(513) for the Defendant(s) No. 3
MR.HIREN M MODI(3732) for the Defendant(s) No. 1.1,1.2
==========================================================
CORAM:HONOURABLE DR. JUSTICE VINEET KOTHARI
and
HONOURABLE MR. JUSTICE B.N. KARIA
Date : 08/07/2021
ORAL ORDER
(PER : HONOURABLE DR. JUSTICE VINEET KOTHARI) Common Order In R/First Appeal No. 4917 of 2019 and R/First Appeal No. 4733 of 2019 Page 1 of 4 Downloaded on : Sat Jul 10 01:59:43 IST 2021 C/FA/4917/2019 ORDER DATED: 08/07/2021 INDIAN OIL CORPORATION LIMITED Versus HEIRS AND LEGAL REPRESENTATIVES OF DECD. GAUTAMKUMAR DAN & 5 other(s) Heard. ADMIT.
Learned Counsels for the respective parties are present. No further fresh notice is required.
Appeals be listed for final hearing in due course alongwith the record of the Trial Court.
(DR. VINEET KOTHARI,J) (B.N. KARIA, J) Common Order In Civil Application (For Stay) No. 1 of 2018 as well as Civil Application (For Withdrawal/Disbursement Of Amount) No. 1 of f 2020 In R/First Appeal No. 4917 Of 2019:
Heard learned Counsels. In the facts of the case, we do not consider appropriate to allow the National Insurance Company to withdraw the amount deposited by the owner of the vehicle-Indian Oil Corporation under the Interim Order of Coordinate Bench of this Court on 01.10.2018 in Civil Application No. 2 of 2020 in F/First Appeal No. 24186 of 2018. The money may remain deposited with the learned Tribunal and may be kept in an interest bearing deposit in the Nationalized Bank initially for a period of 5 years. Its fate and final disbursement will depend upon the final directions in the Appeal when it is disposed of.
With these observations, Civil Application (For Stay) No. 1 of 2018 as well as Civil Application (For Withdrawal/Disbursement Of Page 2 of 4 Downloaded on : Sat Jul 10 01:59:43 IST 2021 C/FA/4917/2019 ORDER DATED: 08/07/2021 INDIAN OIL CORPORATION LIMITED Versus HEIRS AND LEGAL REPRESENTATIVES OF DECD. GAUTAMKUMAR DAN & 5 other(s) Amount) No. 1 of f 2020 In R/First Appeal No. 4917 of 2019 are disposed of.
(DR. VINEET KOTHARI,J) (B.N. KARIA, J) Order in Civil Application (For Condonation of Delay) No. 2 of 2019 in R/First Appeal No. 4917 of 2019 For the reasons given in the application, delay of 2957 days in filing Application for bringing Legal Representatives of Opponent No.2 (Original Respondent No.2 in the First Appeal) is condoned.
Civil Application (For Condonation of Delay) No. 2 of 2019 is accordingly disposed of.
(DR. VINEET KOTHARI,J) (B.N. KARIA, J) Order in Civil Application (For Bringing Heirs) No. 1 of 2019 in R/ First Appeal No. 4917 of 2019 The Legal Representatives of the deceased Sudhirbhai Prataprao Gunjal (Original Respondent No.2 in the First Appeal), who said to be expired on 03.11.2010, are taken on record. Page 3 of 4 Downloaded on : Sat Jul 10 01:59:43 IST 2021
C/FA/4917/2019 ORDER DATED: 08/07/2021 INDIAN OIL CORPORATION LIMITED Versus HEIRS AND LEGAL REPRESENTATIVES OF DECD. GAUTAMKUMAR DAN & 5 other(s) Civil Application (For Bringing Heirs) No. 1 of 2019 is accordingly disposed of.
(DR. VINEET KOTHARI,J) (B.N. KARIA, J) Order in Civil Application (For Condonation of Delay) No. 2 of 2018 in R/First Appeal No. 4917 of 2019.
On 02.05.2019, the Coordinate Bench of this Court has already condoned the delay of 4 days in preferring the First Appeal. Thus, Registry to mention present Application as disposed of.
(DR. VINEET KOTHARI,J) (B.N. KARIA, J) K. S. DARJI Page 4 of 4 Downloaded on : Sat Jul 10 01:59:43 IST 2021