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OJCA/227/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION No. 227 of 2008
In
CIVIL
APPLICATION No. 209 of 2005
In
ADMIRALITY SUIT No. 4 of 2005
======================================
MOHAMED
FAISAL RADWAN IBRAHIM HOUSSA KHALIL & 1 - Applicants
Versus
M
V EL SAFE (EX EL-TOR) & 1 - Respondents
======================================
Appearance :
MR
BHARAT T RAO for the Applicants.
None for Respondent(s) : 1,
MR
HARSHIT S TOLIA for Respondent(s) :
2,
======================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 15/03/2010
ORAL
ORDER
1. The
present Civil Application has been preferred by the applicants
original plaintiffs directing the Registry to refund the amount of
Rs.10,00,000/- (Rupees Ten Lacs), which came to be deposited by the
applicants original plaintiffs before this Court vide Demand
Draft No.941896 dated 04/10/2005 drawn on HSBC Bank, pursuant to the
order dated 21/10/2005 passed in Civil Application No.209 of 2005 in
Admirality Suit No.4 of 2005 with interest accrued thereon.
2. Mr.B.T.Rao,
learned advocate appearing on behalf of the applicants original
plaintiffs and Mr.H.S.Tolia, learned advocate appearing on behalf of
Opponent No.2 original defendant No.2 have jointly submitted that
it is agreeable between the applicants original plaintiffs and
Opponent No.2 original defendant No.2 that out of amount of
Rs.10,00,000/- (Rupees Ten Lacs) along with interest accrued thereon,
the applicants original plaintiffs be paid an amount of
Rs.6,50,000/- (Rupees Six Lacs and Fifty Thousands) along with
interest accrued thereon and Opponent No.2 original defendant
No.2 be paid an amount of Rs.3,50,000/- (Rupees Three Lacs and Fifty
Thousands) with interest accrued thereon.
3. In
view of the aforesaid joint statement made by Mr.B.T.Rao, leaned
advocate appearing on behalf of the applicants original
plaintiffs and Mr.H.S.Tolia, learned advocate appearing on behalf of
original defendant No.2 as recorded hereinabove, Registry is directed
to refund an amount of Rs.6,50,000/- (Rupees Six Lacs and Fifty
Thousands) along with interest accrued thereon in favour of the
applicants original plaintiffs by account payee cheque and
balance amount of Rs.3,50,000/- (Rupees Three Lacs and Fifty
Thousands) with interest accrued thereon shall be refunded to
original defendant No.2 by account payee cheque.
With this, the present Civil Application is disposed of.
[M.R.SHAH,J]
*dipti
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