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SCA/2125/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 2125 of 2011
=========================================
RAJESH
SHANKERRAO TARONE THRO'P.O.A.H. SHANKERRAO G. TARONE & 2 -
Petitioner(s)
Versus
GANESH
COTTON GINNING PRESSING FACTOR - Respondent(s)
=========================================
Appearance :
MRS
MAUNA M BHATT for
Petitioner(s) : 1 - 3.
NOTICE SERVED BY DS for Respondent(s) :
1,
RULE SERVED for Respondent(s) : 1,
MR MANISH R RAVAL for
Respondent(s) : 1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 05/05/2011
ORAL
ORDER
1.0. Present
Special Civil Application under Article 227 of the Constitution of
India, arises out of the order passed by the learned Executing Court.
Today, when the present Special Civil Application is taken up for
further hearing, Shri M.R. Bhatt, learned Senior Advocate for the
petitioners and Shri Manish Raval, learned advocate for respondent
no.1 have jointly stated at the bar under the instructions from their
respective clients that parties have settled the dispute amicably and
petitioners have given four post dated cheques, the particulars of
which are as under in favour Ganesh Cotton Ginning Factory and it is
stated that on encashing the said cheques judgment and decree passed
by the learned trial Court for which execution
proceedings are initiated, shall be satisfied.
Sr.
No.
Date
Cheque
No.
Amount
(Rs)
1.
10.6.2011
069605
5,00,000/-
2.
10.7.2011
069606
5,00,000/-
3.
20.7.2011
069608
1,68,623/-
4.
10.8.2011
069607
5,00,000/-
2.0. Shri
M.R. Bhatt, learned Senior Advocate for the petitioners has stated at
the bar that the petitioner No.2 Shankerrao Ganpatrao Tarone is
personally present in the Court and that he has assured the Court on
behalf of the petitioners that the aforesaid cheques shall be
honoured as and when same are presented in the Bank. Shri M.R. Bhatt,
learned Senior Advocate for the petitioners has stated at the bar
that the respective petitioners are aware of the consequence of
non-honouring of the aforesaid cheques and that in case the aforesaid
cheque and / or any of the cheques are not honoured and / or encashed
the execution proceedings against the petitioners to execute the
judgment and decree shall be proceeded further. Shri Raval, learned
advocate for the respondent has stated at the bar that the partner of
the respondent Shri Vallabhbhai Manekbhai Patel is personally present
in the Court and the aforesaid cheques have been handed over to him.
3.0. In
view of the above, present Special Civil Application is disposed of
and it is ordered that on encashment of the aforesaid cheques,
judgment and decree passed by the learned trial Court for which
execution proceedings have been initiated shall be satisfied and
thereafter there shall not be any claim of the respondent against the
petitioners in the aforesaid judgment and decree passed by the
learned trial Court. On encashment of the aforesaid cheques,
respondent shall submit an appropriate purshis before the learned
Executing Court for disposal of the aforesaid Execution Petition in
question. As agreed by the learned advocates for the respective
parties under the instructions from their respective clients in case
any of the cheque is dishonoured in that case respondent shall be
permitted to proceed further with the execution proceedings and to
execute the judgment and decree passed by the learned trial Court for
which execution proceedings have been filed. With this, present
Special Civil Application is disposed of.
(M.R.SHAH,
J.)
kaushik
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