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MCA/2417/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR DIRECTION No. 2417 of 2008
In
FIRST
APPEAL No. 1604 of 2004
=========================================================
NATHURAM
ASANDAS ALIANI - Applicant(s)
Versus
LILABEN
WD/O RASIKLAL KANTILAL - Opponent(s)
=========================================================
Appearance
:
MR
AJAY R MEHTA for
Applicant(s) : 1,
None for Opponent(s) : 1, 1.2.1, 1.2.2,
1.2.3,1.2.4
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 10/09/2008
ORAL
ORDER
Heard
learned advocate Mr. SB Parikh on behalf of applicant. This Court
has passed an order in FA no. 1604/2004 dated 23/7/2008, which is
quoted as under:
?S1. Heard
learned advocate Mr. Parikh on behalf of appellant.
A
note dated 22/7/2008 filed by learned advocate Mr. Mehta addressed
to Registrar General, High Court of Gujarat, where it is mentioned
that matter is settled interse between parties. Therefore, appeal
is not to be prosecuted any further and amount of Rs. 25,000/- as
deposited by owner to be directed to refund back by Registry by
A/c Payee cheque in favour of appellant.
I
have considered note and also considering documents, which are
annexed to note – the receipt given by respondent claimants where
matter is settled between parties.
Accordingly,
permission is granted appeal is disposed of as withdrawn before
effective hearing. It is directed to Registry of this Court to
refund the amount of Rs. 25,000/- along with accruing interest in
the name of Nathuram Asandas Ailani, which has been deposited by
appellant ? owner.
Accordingly,
permission is granted, present appeal is disposed of as withdrawn
before effective hearing.??
In
para 4 of above referred order, this Court has directed to Registry
of this Court to refund amount with accruing interest, but before
that, amount was already transmitted to claims Tribunal.
Therefore,
it is directed to claims Tribunal, Panchmahal at Godhara to refund
amount of Rs. 25,000/- along with accruing interest in the name of
Nathuram Asandas Aliani, which has been deposited by the appellant
owner in the Registry of this Court, which is transmitted to claims
Tribunal without any delay by A/c payee cheque in the name of
Nathuram Asandas Ailani.
In
view of the above clarification, present application is disposed of.
(H.K.RATHOD,
J)
asma
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