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SCA/4956/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 4956 of 2010
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LAXMANBHAI
BALCHANDBHAI RAJANI - Petitioner(s)
Versus
BHAVNAGAR
NAGRIK SAHAKARI BANKLTD & 3 - Respondent(s)
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Appearance :
MR
BAIJU JOSHI for
Petitioner(s) : 1,
None for Respondent(s) : 1 -
4.
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CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 08/07/2010
ORAL
ORDER
1. Shri
Baiju Joshi, learned advocate appearing on behalf of the petitioner
does not press the present petition, however has requested to extend
the time to deposit the amount of Rs. 1,50,000/- as ordered by the
learned Board of Nominees confirmed by the learned tribunal. Shri
Baiju Joshi, learned advocate appearing on behalf of the petitioner
has submitted that the petitioner shall deposit a sum of Rs. 75,000/-
with respondent no. 1 Bank on or before 22/07/2010 and the balance
amount of Rs. 75,000/- shall be deposited with respondent no. 1 Bank
on or before 05/08/2010.
2. In
the facts and circumstances of the case and considering the request
made by Shri Baiju Joshi, learned advocate appearing on behalf of the
petitioner, time to deposit the sum of Rs. 1,50,000/-, as ordered by
the learned Board of Nominees confirmed by the learned tribunal, is
hereby extended up to 05/08/2010. Out of the aforesaid amount of
Rs. 1,50,000/-, the petitioner shall deposit a sum of Rs. 75,000/-
with respondent no. 1 Bank on or before 22/07/2010 and the balance
amount of Rs. 75,000/- shall be deposited by the petitioner with
respondent no. 1 Bank on or before 05/08/2010. The petitioner shall
file an undertaking to the aforesaid effect with this Court within a
period of one week from today. On aforesaid deposit of Rs.
1,50,000/- on or before 05/08/2010 as ordered hereinabove, the suit
shall be restored to file as ordered by the learned Board of Nominees
and the aforesaid shall be considered as compliance of the order
passed by the learned Board of Nominees while restoring the suit to
file. In view of the above, the petitioner does not challenge the
judgement and decree passed by the learned Board of Nominees. If
respondent no. 1 is aggrieved by the aforesaid order, it will be open
for respondent no. 1 to submit an appropriate application to recall
and/or review the present order and if such an application is
submitted within a period of two weeks from today, the same shall be
considered in accordance with law on its own merits.
3. With
this, the present Special Civil Application is disposed of.
Direct
service is permitted.
(M.R.
SHAH, J.)
siji
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