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MCA/2725/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION No. 2725 of 2008
In
SPECIAL
CIVIL APPLICATION No. 7607 of 2008
=========================================================
NAVAPURA
CONSUMERS' STORES - Applicant(s)
Versus
STATE
BANK OF INDIA & 1 - Opponent(s)
=========================================================
Appearance
:
MR
NK MAJMUDAR for
Applicant(s) : 1,
MR NAGESH C SOOD for Opponent(s) : 1,
MR
ABHISHEK M MEHTA for Opponent(s) :
2,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
Date
: 23/10/2008
ORAL
ORDER
The
applicant by this application has prayed for the modification of the
earlier order to the extent that the applicant may be permitted to
pay amount in cash, in view of the Demand Draft, which was submitted
pursuant to the interim order passed in Special Civil Application
No. 7607 of 2008.
Upon
hearing Ms. Thakkar for Mr. Majmudar learned Counsel appearing for
the applicant, Mr. Sood learned Counsel appearing for opponent No.
1, Mr. Mehta learned Counsel appearing for opponent No. 2, and the
perusal of the contents of the application shows that the applicant
had tendered Demand Draft drawn by Gujarat Industrial Cooperative
Bank Limited to the office of this court, but as the bank is under
the directive of RBI, payment is not released, as a result thereof
amount of Rs. 75,000/- is not credited.
Under
these circumstances, if the applicant is permitted to tender Demand
Draft of nationalised bank, such complication may not be there, and
after Demand Draft of nationalised bank of Rs. 75,000/- is credited,
the applicant returned Demand Draft drawn in favour of Gujarat
Industrial Cooperative Bank Limited, if the office has received back
from the concerned bank.
Hence,
applicant is permitted to tender the amount of Rs. 75,000/- by
Demand Draft of any nationalised bank, and such Demand Draft shall
be deposited on or before 7.11.2008, and upon the amount being
credited by honouring the said Demand Draft, the earlier Demand
Draft drawn in favour of Gujarat Industrial Cooperative Bank
Limited, if received by office as dishonoured, shall be returned to
the applicant. Such credit shall be appropriated as per the order
passed by this Court dated 24.9.2008 in Special Civil Application
No. 7607 of 2008.
The
application is allowed to the aforesaid extent.
(JAYANT PATEL, J.)
Suresh*
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