Bajaj Allianz General Insurance Company Limited Vs. Chauhan Babubhai Fulabhai and 1 - Court Judgment

Excerpt:
indian penal code (ipc) - section 452 - house-trespass after preparation for hurt, assault or wrongful restraint -- learned counsel for the appellant sahnawaz contends that none of the appellants was arrested on the spot. none of the prosecution witnesses have identified the appellant. appellant has not been identified at any point of time. pw5, pw6 and pw10 have deposed about the incident. pw3 and pw4 have specifically identified the accused persons in the court. this witness has further identified appellant ashraf and shahnawaz in the court correctly. in regard to the identity of the accused persons pw3 and pw4 have identified the appellants herein as the persons who had entered the shop on 8th july 1999. appellants were awarded sentence of rigorous imprisonment for seven years for offence punishable under section 397 ipc. gujarat high court case information system body {scrollbar-face-color: #d4d0c8; scrollbar-highlight-color: #808080; scrollbar-shadow-color: #d4d0c8; scrollbar-arrow-color: #ffffff; scrollbar-dark-shadow-color: #ffffff} span.searchword { background-color:yellow; } function loadsearchhighlight() { var chkparamc = "txtsearch" if (chkparamc == "txtsearch") { searchhighlight(); document.searchhi.h.value = searchhi_string; if( location.hash.length > 1 ) location.hash = location.hash; } } print ca/7786/2011 2/2 orderinthe high court of gujarat at ahmedabadcivilapplication - for stay no. 7786 of 2011infirstappeal no. 2150 of 2011=================================================bajajallianz general insurance company limited - petitioner(s)versuschauhanbabubhai fulabhai & 1 - respondent(s)=================================================appearance:mr vibhuti nanavati forpetitioner(s) : 1,rule served for respondent(s) : 1 - 2.mr klpandya for respondent(s) :2,=================================================coram : honourable mr.justice g.b.shahdate: 03/10/2011 oralorder 1. heardlearned advocate mr v c thomas on behalf of mr vibhuti nanavati forthe petitioner. on behalf of respondent no.2-original claimant,learned advocate mr k l pandya has filed appearance. learnedadvocate for the applicant states that he has deposited an amount ofrs. 4,10,377/- and complied with the earlier order dated 8.8.2011passed by this court. therefore, having heard learned advocates forthe parties and considering the facts and circumstances, the presentapplication deserves to be allowed. accordingly, the presentapplication stands allowed in terms of para no. 6(b). the impugnedaward passed in m.a.c.p. no. 387 of 2007 of 2009 by the motoraccident claim tribunal (aux.) & joint district judge, anand ishereby stayed till final hearing and disposal of the aforesaid firstappeal. 2. sofar as the disbursement is concerned, the trial court is directed todisburse 30% of the amount deposited to the original claimants byaccount payee cheque in the name of the original claimant/s afterproper verification. remaining 70% amount shall be invested by thetribunal in any nationalised bank in fixed deposit in the joint namesof the claimant/s and the nazir of the tribunal initially for aperiod of three years and such investment shall be renewed from timeto time until the appeal is finally disposed of. the original fdr(s)shall be retained with the nazir of the tribunal. the originalclaimants are entitled to get periodical interest thereon. rule is made absolute accordingly. [g.b. shah, j.]msp     top