High Court of Gujarat

RELIANCE GENERAL INSURANCE CO. LTD.versusMANJULABEN BHURJIBHAI DAMOR L.H. OF DECD. BHURJIBHAI DAMOR

Disposal: 27-WITHDRAWN @ ADM.STAGE
Bench: D M VYASCONCILIATOR APURVA SHARAD VAKIL LD DESIGNATED SENIOR ADVOCATE

Holding

The award is stayed subject to deposit of the award amount, proportionate interest and costs within eight weeks, with specified disbursement and investment conditions.

Summary

Reliance General Insurance Co. Ltd. appealed a judgment and filed a civil application seeking a stay of execution of the award. The High Court considered whether the award should be stayed pending deposit of the award amount, interest, and costs. The Court ordered that the award be stayed subject to the applicant depositing the full award, interest, and costs within eight weeks. Upon such deposit, 50% of the amount would be released to the claimants, while the balance would be placed in a long‑term fixed deposit for one year, renewable until the main matter is finally disposed. The civil application was consequently disposed, and the first appeal was admitted.

Issues considered

Whether the execution of the judgment and award should be stayed pending deposit of the award amount, interest and costs.

Subjects

stay of executionawarddepositcivil applicationhigh courtinsurance claimfixed deposit

Judgment

         C/FA/4650/2018                                            ORDER




         IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                     R/FIRST APPEAL NO. 4650 of 2018

                                    With
                       CIVIL APPLICATION NO. 2 of 2018
==========================================================
          RELIANCE GENERAL INSURANCE CO. LTD.
                         Versus
MANJULABEN BHURJIBHAI DAMOR L.H. OF DECD. BHURJIBHAI DAMOR
==========================================================
Appearance:
MR RATHIN P RAVAL(5013) for the PETITIONER(s) No. 1
for the RESPONDENT(s) No. 2,3,4,5,6
MR.JAY S SHAH(7244) for the RESPONDENT(s) No. 1
==========================================================

 CORAM: HONOURABLE MR.JUSTICE MOHINDER PAL
        and
        HONOURABLE MR.JUSTICE A.C. RAO

                                Date : 14/12/2018

                       ORAL ORDER
 (PER : HONOURABLE MR.JUSTICE MOHINDER PAL)


Order in First Appeal
     First Appeal is admitted.



Order in Civil Application

     The     present       application            has    been   filed      by   the
applicant seeing stay of the execution of the judgment
and award.


     The award shall remain stayed subject to deposit of
the award amount along with the proportionate interest
and costs. If the amount is so deposited within eight
weeks,     50%    of      the   same    shall           be   disbursed     to   the
claimant/s. However, remaining amount shall be invested


                                    Page 1 of 2
            C/FA/4650/2018                                       ORDER



in long term fixed deposit initially for a period of one
year and to be renewed thereafter from time to time till
final     disposal           of   the   main      matter.   Accordingly,   the
present Civil Application stands disposed of.




                                                            (MOHINDER PAL, J)




                                                                 (A. C. RAO, J)
ASHISH M. GADHIYA




                                        Page 2 of 2

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