Gujarat High Court
Valjibhai Arjanbhai Korat vs Paschim Gujarat Vij Co Ltd on 12 August, 2014
Author: S.G.Shah
Bench: S.G.Shah
C/CA/1143/2014 ORDER
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL APPLICATION (FOR STAY) NO. 1143 of 2014
In
FIRST APPEAL NO. 359 of 2014
With
CIVIL APPLICATION NO. 2793 of 2014
In
CIVIL APPLICATION NO. 1143 of 2014
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VALJIBHAI ARJANBHAI KORAT....Applicant(s)
Versus
PASCHIM GUJARAT VIJ CO LTD....Respondent(s)
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Appearance:
MR BHAVIN S RAIYANI, ADVOCATE for the Applicant(s) No. 1
MR DIPAK R DAVE, ADVOCATE for the Respondent(s) No. 1
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CORAM: HONOURABLE MR.JUSTICE S.G.SHAH
Date : 12/08/2014
ORAL ORDER
Learned advocate Mr.Tolia for the applicant pointed out that by order dated 06.02.2014, the applicant was directed to furnish bank guarantee. It is submitted that bank guarantee of Rs.50 Lakhs is more than decreetal amount on the date of granting interim relief is offered but registry has refused to accept it stating that it is not in proper form. Thus, Registry is directed to accept bank guarantee of Rs.50 Lakhs, which is submitted by the applicant.
So far as the form of bank guarantee is concerned, if Registry is not comfortable in accepting the same, then it is for the Registry to convey the applicant suitably so as to enable the applicant to file Page 1 of 2 C/CA/1143/2014 ORDER appropriate bank guarantee. However, till then, bank guarantee which is furnished is to be taken on record and accepted by Registry without fail.
Interim relief granted earlier shall remain in force till further orders on condition that the applicant shall continue to the bank guarantee till disposal of the appeal.
Pursuant to the order dated 31.07.2014, the applicant has deposited Rs.10,000/- before this Court towards the cost of the otherside because of non-furnishing the bank guarantee till date after the order dated 06.02.2014. Therefore, such amount is to be paid to the respondents in accordance with rules.
Both the Civil Applications are disposed of.
(S.G.SHAH, J.) vijay Page 2 of 2