The court rectified a typographical error in a stay order via a 'Note for Speaking to Minutes', clarifying that the stay of an award is conditional upon the deposit of 100% of the awarded amount within four weeks.

IA ORDER

The applicant – Insurance Company has preferred the instant Note for Speaking to Minutes seeking rectification of the typographical error in order dated 06.04.2026, wherein it is inadvertently recorded that the awarded amount has already been deposited before the learned Tribunal concerned, instead of granting time to deposit the awarded amount along with interest within a period of four weeks. Therefore, the instant Note for Speaking to Minutes deserves to be allowed and following order is passed, which should be treated as order passed on 06.04.2026 in the present matter.

ORDER IN CIVIL APPLICATION No.1 of 2025

Heard learned counsel for the applicant.

Having considered the submissions of the learned counsel for the applicant, the execution, implementation and operation of the impugned award is stayed on depositing of 100% of the awarded amount before the concerned learned Tribunal within a period of four weeks from today.

Upon depositing the said amount, the Tribunal is directed to release 30% of the awarded amount in favour of the original claimant/s, after due verification, through recognized RTGS / NEFT mode.

The remaining 70% of the deposited award amount is directed to be invested in the Fixed Deposit with any Nationalized Bank initially for a period of 5 years, which may be renewed from time to time till the final disposal of the appeal. The original FDRs are directed to be retained by Nazir Branch of the concerned Tribunal.

It is further directed that no loan or advance against the aforesaid Fixed Deposits shall be allowed without prior permission of this Court, however, the original claimants shall be entitled to receive periodical interest which may accrue on such Fixed Deposit.

With these observations, the present Civil Application stands disposed of.

Accordingly, the note for speaking to minutes stands allowed.

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IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

CIVIL APPLICATION (FOR STAY) NO. 1 of 2025

In R/FIRST APPEAL NO. 349 of 2026

CHOLAMANDALAM MS GENERAL INSURANCE CO. LTD.

Versus

HURMANBHAI BACHUBHAI PARMAR & ORS.

MASUMI V NANAVATY(9321) for the PETITIONER(s) No. 1

MR VIBHUTI NANAVATI(513) for the PETITIONER(s) No. 1

NOTICE SERVED for the RESPONDENT(s) No. 1,5

HONOURABLE MR.JUSTICE MOOL CHAND TYAGI

06/04/2026

IA ORDER

Mr. Vibhuti Nanavati, learned counsel appearing for the applicant – Insurance Company submitted that the awarded amount has already been deposited before the learned Tribunal concerned.

Having considered the submission made by the learned counsel for the applicant – Insurance Company, the execution, implementation and operation of the impugned award is stayed.

The Tribunal is directed to release 30% of the awarded amount in favour of the original claimant/s, after due verification, through recognized RTGS / NEFT mode.

The remaining 70% of the deposited awarded amount is directed to be invested in the Fixed Deposit with any Nationalized Bank initially for a period of 5 years, which may be renewed from time to time, till the final disposal of the appeal. The original FDRs are directed to be retained by Nazir Branch of the concerned Tribunal.

It is further made clear that no loan or advance against the aforesaid Fixed Deposits shall be allowed without prior permission of this Court, however, the original claimant/s shall be entitled to receive periodical interest which may accrue on such Fixed Deposit and the same shall be disbursed periodically to the original claimant/s.

With these observations, the present Civil Application stands disposed of.