Jamiyat Khan Pathan and 7 Vs. National Insurance Co. Ltd. - Court Judgment

Excerpt:

Judgment:

IN

THE HIGH COURT OF GUJARAT AT AHMEDABAD

CIVIL

APPLICATION - FOR ORDERS No. 8162 of 2011

In

FIRST

APPEAL No. 3613 of 2000

=================================================

JAMIYAT

KHAN PATHAN & 7 - Petitioner(s)

Versus

NATIONAL

INSURANCE CO. LTD. - Respondent(s)

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Appearance

:
MR TV SHAH for Petitioner(s) :

1 - 8.
MR DAKSHESH MEHTA for Respondent(s) :

1,
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Date

: 03/10/2011

ORAL

ORDER

1. Heard

the learned Advocate Mr T V Shah for the applicant/original

respondent and learned Advocate Mr Dakshesh Mehta for the

appellant/original opponents.

2. The

present Civil Application has been filed by the original claimants

seeking the following relief in para 3 (A) and (B) which reads as

under:

"3(A)

The amount of fixed deposit approximately of Rs.1.6 lakhs kept in

State Bank of India may be ordered to pay to applicant on furnishing

the personal bond or in alternative,

(B)

FA 3613/2000 may be ordered to place for final hearing at the

earliest date as per the convenience of this Hon'ble Court."

It

appears that so far as the period of expiry of the period of 10 years

is concerned, care which was required to be taken, has already

been taken vide earlier order dated 28.6.2011 passed in Civil

Application No.11957 of 2000. Hence no further order on that count is

required to be passed. So far as the prayer for expediting the

hearing of the First Appeal No.3613 of 2000 is concerned, the matters

of 1997 are yet to come up on board and considering the said aspect,

in the routine course, the Appeal shall be placed for hearing. When

the First Appeal No.3613/2000 is pending before this Court, prayer 3

(A) to the effect that the amount which had been fixed be ordered to

be paid to the applicant on furnishing the personal bond, is rejected

because of the pendency of the Appeal as well as the fact that the

applicant is getting the interest accrued on the said Fixed Deposit.

3. Lastly,

the learned Advocate for the applicant has requested that if the

Fixed Deposit is renewed, on maturity, for a period of 33 months, it

will fetch more interest. The said request is granted. The court

below is directed to renew/redeposit the Fixed Deposit in question

for a period of 33 months and on expiry of the said period, it will

be renewed for a further period of 33 months till the disposal of the

First Appeal No.3613 of 2000.

In

view of the aforesaid, this Civil Application is disposed of.

[G. B.

SHAH, J.]

msp