Gujarat High Court
Shriram General Insurance Company ... vs Bhupendrabhai Chandubhai Vasava & 3 on 27 November, 2014
Author: Akil Kureshi
Bench: Akil Kureshi, Vipul M. Pancholi
C/CA/5636/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR STAY) NO. 5636 of 2014
In
FIRST APPEAL NO. 1432 of 2014
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SHRIRAM GENERAL INSURANCE COMPANY LIMITED....Applicant(s)
Versus
BHUPENDRABHAI CHANDUBHAI VASAVA & 3....Respondent(s)
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Appearance:
MR VIBHUTI NANAVATI, ADVOCATE for the Applicant(s) No. 1
RULE SERVED for the Respondent(s) No. 1 - 3 , 4.1 - 4.2
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CORAM: HONOURABLE MR.JUSTICE AKIL KURESHI
and
HONOURABLE MR.JUSTICE VIPUL M. PANCHOLI
Date : 27/11/2014
ORAL ORDER
(PER : HONOURABLE MR.JUSTICE AKIL KURESHI) Though served no one appeared for the respondent.
On 24.9.2014, while issuing rule, ad interim relief was granted against execution of the award on the condition that the applicant insurance company would deposit the entire amount of compensation as awarded by the Claims Tribunal with costs and interest before the returnable date. Out of the said amount, the Claims Tribunal shall release 30% of the compensation apportioned in favour of the claimant no.1. Remaining share of 70% will be deposited in fixed deposit in any nationalised bank Page 1 of 2 C/CA/5636/2014 ORDER initially for a period of five years to be renewed till five years till the final disposal of the First Appeal. Entire share of the minor as per the apportionment done, will be invested in fixed deposit in any nationalised bank initially for a period of five years to be renewed till five years till the final disposal of the First Appeal. It is further provided that the Fixed Deposit Receipts in the original shall be maintained by the Nazir of the Tribunal. No premature withdrawal of Fixed Deposits shall be permitted. The claimants shall not be allowed to create any charge on the said Fixed Deposit Receipts. They would, however, be entitled to receive periodical interest.
Application is disposed of. Rule made absolute (AKIL KURESHI, J.) (VIPUL M. PANCHOLI, J.) raghu Page 2 of 2