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2017 DIGILAW 1673 (GUJ)

United India Insurance Company Limited v. Hemiben Wd/o Rambhai Ram

2017-09-21

R.M.CHHAYA

body2017
ORDER : R.M CHHAYA, J. 1. Heard Mr. Maulik J. Shelat, learned Counsel appearing for the applicant and Mr. Chintan Popat, learned Counsel appearing for the respondents No. 1 to 3. Though served, no one appears for the respondents No. 4 & 5. 2. Mr. Maulik J. Shelat, learned Counsel appearing for the applicant has submitted that the amount has been deposited as per the order dated 9.8.2017 3. Mr. Chintan Popat, learned Counsel appearing for the respondents No. 1 to 3 states that this Court may pass an appropriate order. 4. This Court by an order dated 9.8.2017 had passed the following order:— “Notice, returnable on 13.9.2017 Ad-interim relief in terms of prayer (A) is granted. The applicant shall deposit the awarded amount within a period of four weeks from today. Over and above the usual mode of service, the applicant shall cause service of this order by RPAD additionally.” 5. The stay that has been granted by an order dated 9.8.2017 shall continue till final disposal of the main appeal. However, it is directed that 70% of the amount shall be invested in a Fixed Deposit having cumulative effect in any of the nationalized bank initially for a period of five years, which will be renewed automatically till final disposal of the main Appeal. However, the claimants shall not be permitted to create any encumbrance upon it and no loan or advance or charge would be permissible. The claimants shall be entitled to periodical interest that may accrued on such FDR. 30% of the amount shall be disbursed to the original claimants by an account payee cheque on proper identification. The original FDR shall be kept with the Tribunal. 6. Civil Application stands disposed of accordingly.