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MCA/634/2010 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION No. 634 of 2010
In
MISC.CIVIL APPLICATION No. 2545 of 2009
In
CIVIL APPLICATION No. 4860 of 2009
In
FIRST APPEAL No. 5348 of 2008
=========================================================
M/S
B M PATEL & BROTHERS - Applicant(s)
Versus
VADODARA
URBAN DEVELOPMENT AUTHORITY & 1 - Opponent(s)
=========================================================
Appearance
:
MR
MG NAGARKAR for
Applicant(s) : 1,
MR MD PANDYA for Opponent : 1.
None for Opponent(s) :
2.
=========================================================
CORAM
:
HONOURABLE
MS. JUSTICE R.M.DOSHIT
and
HONOURABLE
MR.JUSTICE MD SHAH
Date
: 13/04/2010
ORAL
ORDER
(Per
: HONOURABLE MS. JUSTICE R.M.DOSHIT)
Heard
the learned advocates.
Learned
advocate Mr.Nagarkar has appeared for the applicant,
judgment-creditor. He has submitted that the order dated 7th
October 2009 made on Misc. Civil Application No.2545/2009 may be
modified. The 50% of the decreetal amount which is allowed to be
withdrawn by the judgment-creditor on furnishing bank guarantee may
be allowed to be withdrawn without security or on furnishing a
solvent security or else the said 50% of the decreetal amount be
invested in a nationalised bank pending the Appeal.
On
the facts and in the circumstances of the case, the modification is
allowed to the extent that 50% of the decreetal amount of
Rs.37,65,876=00 which has remained uninvested will be invested in a
nationalised bank in a term deposit till the Appeal is heard and
decided.
Misc.
Civil Application stands disposed of in the above terms.
(M.D.Shah,
J.) (Ms.R.M.Doshit, J.)
/moin
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