Reliance General Insurance Co Ltd vs Varshaben Vineshbhai Gohel on 21 October, 2020

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Gujarat High Court

Reliance General Insurance Co Ltd vs Varshaben Vineshbhai Gohel on 21 October, 2020

Bench: A.C. Rao

         C/FA/1650/2020                                     ORDER



         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                  R/FIRST APPEAL NO. 1650 of 2020
                               With
            CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                 In R/FIRST APPEAL NO. 1650 of 2020
                               With
                  R/FIRST APPEAL NO. 1667 of 2020
                               With
            CIVIL APPLICATION (FOR STAY) NO. 1 of 2020
                 In R/FIRST APPEAL NO. 1667 of 2020
==========================================================
               RELIANCE GENERAL INSURANCE CO LTD
                             Versus
                  VARSHABEN VINESHBHAI GOHEL
==========================================================
Appearance:
MR RATHIN P RAVAL(5013) for the Appellant(s) No. 1
DS AFF.NOT FILED (N)(11) for the Defendant(s) No. 7
MR. HEMAL SHAH(6960) for the Defendant(s) No. 1,2,3,4,5,6
==========================================================

 CORAM: HONOURABLE MR. JUSTICE A.C. RAO

                           Date : 21/10/2020
                            ORAL ORDER

At the outset, learned adovate for the appellant has submitted that he has filed affidavit of service of rest of the respondents, which is lying in the registry.

Considering above, following order is passed: ORDER IN FAS ADMIT.

ORDER IN CAS Learned advocate for the applicant has submitted that the awarded amount is deposited with the learned Tribunal.

Page 1 of 3 Downloaded on : Wed Oct 21 23:16:02 IST 2020 C/FA/1650/2020 ORDER

2. Since awarded amount is deposited, the Tribunal is directed to deposit 70% out of the said amount together with proportionate cost and interest in the cumulative fixed deposit in any nationalized bank, initially for a period of five years, in the name of the original claimants, which shall be continued to be renewed from time to time till final disposal of the main First Appeal.

2.1 The balance 30% amount together with proportionate cost and interest is permitted to be withdrawn by the original claimant, which shall be paid by the Tribunal by A/c. Payee Cheque, on proper identification and verification and the original claimants shall be informed by the Tribunal itself the amount which they are to be paid (i.e. 30% with proportionate cost and interest). The aforesaid arrangement shall be subject to the ultimate outcome of the main first appeal.

2.2 The original claimants are entitled to withdraw accrued periodical interest on the fixed deposit.

2.3 The claimants shall not be allowed premature withdrawal of the amount, which is directed to be invested or to raise any borrowings against such investment. Original of the Fixed Deposit Receipt shall be retained in the custody of the Tribunal.

2.4 Stay confirmed till final disposal of the Page 2 of 3 Downloaded on : Wed Oct 21 23:16:02 IST 2020 C/FA/1650/2020 ORDER appeals.

Applications stand disposed of accordingly. Rule is made absolute to aforesaid extent.

(A. C. RAO, J) SRILATHA/kdc Page 3 of 3 Downloaded on : Wed Oct 21 23:16:02 IST 2020

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Gujarat High Court