Bhajan Lal vs Smt. Kalawati Devi on 10 February, 2010

            S.B. CIVIL WRIT PETITION NO.1163/2010
                   Bajan Lal Vs. Smt. Kalawanti

Date of order                   :                10th February, 2010
                               PRESENT

            HON'BLE DR. JUSTICE VINEET KOTHARI

Mr. C.S. Kotwani for the petitioner.
                                -------

1.             Heard learned counsel.

2.             This writ petition is directed against the order dated

21.01.2010 whereby the learned trial Court while deciding the

application under Order 37(3)(5) of C.P.C. has directed to deposit

50% amount of pronote in question in the trial court.

3.             The learned counsel for the petitioner-defendant submits

that instead of cash deposit, the defendant is ready to give a solvent

security in the form of bank guarantee for the entire claim of the

plaintiff to the extent of Rs.90,000/-.

4.             Having heard learned counsel and in the facts and

circumstances of the case, this Court disposes this writ petition with

the modification in the impugned order dated 21.1.2010 passed by the

learned trial court to the extent that instead of cash deposit of 50%

amount of pronote, the petitioner-defendant is directed furnish

solvent security in the form of bank guarantee to the extent of

Rs.90,000/-.

5.             The writ petition is accordingly disposed of. A copy of

this judgment be sent to opposite party and trial court.

                                          [ DR. VINEET KOTHARI ], J.

item No.5
babulal/