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CR.RA/27/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CRIMINAL
REVISION APPLICATION No. 27 of 2008
=========================================================
SUNILKUMAR
PRABHUDAS PARMAR - Applicant(s)
Versus
MINABEN
SUNILKUMAR PARMAR & 2 - Respondent(s)
=========================================================
Appearance
:
MR
ZUBIN F BHARDA for
Applicant(s) : 1,
MR PREMAL S RACHH for Respondent(s) : 1 -
2.
PUBLIC PROSECUTOR for Respondent(s) :
3,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 27/06/2008
ORAL
ORDER
1. Mr.
Bharda learned advocate for the applicant submits that by order
dated 14th April 2008, the applicant was directed to
deposit 50% of the total arrears of maintenance i.e existing as on
date of the order dated 14th February 2008, which came to
the tune of Rs 40,000/-. Accordingly the applicant was required to
deposit Rs 20,000/- on or before 25th April 2008. On the
said condition the Court had stayed the execution proceedings. Mr.
Bharda further submits that within the specified time limit the
amount as directed by the Court by the aforesaid order has been
deposited. Mr. Rachh for the respondent confirms the said statement
of Mr. Bharda and states that amount of Rs 20,000/- has been
received by the respondent. Mr.Bharda further submitted that due to
inadvertence on the earlier date of hearing request for extension of
the order staying execution proceedings was not made and therefore,
the said order has not been extended. He requests for restoration
of the said order. He submits that the applicant would pay further
sum of Rs 5000/- out of the arrears and is also making the statement
but henceforth the regular maintenance will be paid every month
by the applicant to the respondent and this would be without
prejudice to the contentions in the subject application. Mr. Raj
Yadav learned advocate requests that instead of Rs 5000/- the
applicant may be directed to deposit Rs 10,000/- and on that
condition the execution proceedings be stayed and respondent has no
objection if the proceedings are stayed. Considering the aforesaid
submissions and request of Mr. Bharda it is directed that the
applicant shall pay to the respondent on or before 7th
July 2008, monthly maintenance amount for the month of March,
April, May, June 2008. The said total amount would be Rs 5,200/-
which shall be paid on or before 7th July 2008 to the
respondent. The applicant shall also pay another amount of Rs
5,000/- on or before 25th July 2008 out of the arrears of
Rs 20,000/- which would leave behind the arrears of Rs 15,000/- to
be cleared by the applicant as per the order which may be passed
hereinafter. Further from July 2008 onwards the applicant shall,
without default, continue to pay regular monthly maintenance amount
as per the direction of learned trial court. On the said condition
the order staying the execution proceedings which was passed on 14th
July 2008 is restored. In the event of failure to make payment as
aforesaid the order shall automatically come to an end.
2. With
the aforesaid observation and direction further hearing of the
application is adjourned to 24th July 2008.
(K.
M. Thaker,J)
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