Gujarat High Court
For Petitioner(S) vs Coram on 23 November, 2010
Author: R.Tripathi
Bench: Ravi R.Tripathi
Gujarat High Court Case Information System
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SCA/14809/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 14809 of 2010
With
SPECIAL
CIVIL APPLICATION No. 14811 of 2010
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ANUPKUMAR
RATILAL DESAI
Versus
SARDAR
BHILADWADA PARDI PEOPLE'S CO-OP. BANK LTD
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Appearance
:
MR
JT TRIVEDI for the Petitioner Petitioner(s) : 1,MS JIGNASA B TRIVEDI
for Petitioner(s) : 1,MR.DEVENDRA H PANDYA for Petitioner(s) :
1,
None for Respondent(s) :
1,
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CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 23/11/2010
COMMON
ORAL ORDER
1. Heard learned advocate Mr. J.T. Trivedi for the petitioners. The learned advocate submitted that in the similar facts in other matters, being Special Civil Application Nos.12447 of 2009, 12448 of 2009 and 12449 of 2009, this Hon'ble Court (Coram : Hon'ble Mr. Justice Jayant Patel) by order dated 27.11.2009, granted the relief as set out in para 6 of the order, which reads as under:
"6. Hence, the insistence of the Bank calling upon the petitioners to deposit the remaining amount is not interfered with. However, on the aspects of quantification of the amount, it is observed that the petitioners shall be required to deposit 33% of the awarded amount which would include the suit amount and the interest as awarded by the learned Nominee and the cost and 33% of the amount will be required to be deposited and the amount already deposited by the petitioners will be given set off. Such remaining amount shall comprise of two parts of each monthly installments of 50% of such amount and the petitioners shall deposit the said amount within one month from today and the remaining 50% within one month thereafter." (emphasis supplied)
2. This Court is of the opinion that the aforesaid direction is innocuous and without inviting the Bank to appear before this Court, a similar direction can be passed.
3. The petitioners are directed to deposit 33% of the awarded amount, which will include the suit amount, interest as awarded by the learned Nominee and the costs. 33% of the amount, which is required to be deposited, will be subject to adjusting of the amount, if any, already deposited. After giving that adjustment, remaining amount shall be deposited in two equal monthly installments. First installment shall be deposited within one month from today and another half shall be deposited in succeeding one month. The order under challenge is accordingly modified. With these directions, the petitions are disposed of.
3.1. It is, however, observed that in the event the respondent bank finds that this order is not acceptable to the Bank, it may approach this Court on or before 10th December 2010.
Direct service is permitted today.
(RAVI R.TRIPATHI, J.) omkar Top