(Per : HONOURABLE MR.JUSTICE JAYANT PATEL)
1. The present civil application is filed for interim stay pending appeal against the judgement and award passed by the Tribunal in MACP No. 2123 of 2003 .
2. This Court has considered the application and on 24.4.2012 the following order is passed.
ORDER IN FIRST APPEAL first appeal is admitted.
ORDER IN CIVIL APPLICATION Rule returnable on 19th June, 2012. On a condition that the applicant Insurance Company deposits entire amount awarded by the Claims Tribunal in the impugned award with proportionate costs and interest before the Claims Tribunal before the returnable date, there shall be stay against the execution and implementation of the impugned award.
3. Today Ms. Patel for Mr. Nanavati states that amount has been deposited and the condition has been complied with. Under these circumstances, ad-interim relief granted earlier is confirmed.
4. We have heard Ms. Patel learned counsel for the appellant and Mr. MTM Hakim for the original claimants - main contesting parties.
5. Considering the facts and circumstances, it appears that the Tribunal has permitted to withdraw 30% amount and 70% is ordered to be invested. Hence, the Tribunal shall be at the liberty to appropriate the amount as per the award for investment and withdrawal.
(JAYANT PATEL, J) (C.L.PATEL, J) *f.kazi Top