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SCA/1338120/2008 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 13381 of 2008
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GOVINDBHAI
GIRDHARBHAI RAJPUT
Versus
THE
MANAGER & OTHERS
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Appearance :
MR
VINOD P SUTHAR for Petitioner
None for
Respondent(s) : 1 - 3.
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CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
Date
: 11/11/2008
ORAL
ORDER
1. The
petitioner, by this petition has challenged the order passed by the
Tribunal, whereby the condition for grant of leave to defend is
imposed upon the petitioner to deposit the amount of Rs.10,000/-.
2. Heard
Mr. Suthar, learned counsel for the petitioner.
3. The
contention raised on behalf of the petitioner is that the petitioner
has not signed the guarantee deed and it has also been submitted on
behalf of the petitioner that there are other properties which have
been ordered to be attached and therefore, unconditional leave to
defend ought to have been granted by the Tribunal.
4. Having
considered the above and in view of the reasons recorded by the
Tribunal, it appears that the suit amount is of Rs.91,000/- and
therefore, the discretion has been exercised by the Tribunal for
imposing the condition of Rs.10,000/- which was earlier imposed by
the Nominee of Rs.15,000/-. Under these circumstances, the exercise
of discretion by the Tribunal cannot be said as perverse or would
cause great injustice which may call for interference by this Court
in a petition under Article 227 of the Constitution.
5. Mr.
Suthar lastly submitted that reasonable time may be granted to the
petitioner to deposit the amount which is expiring on 15.11.2008.
Considering the facts and circumstances, if the petitioner deposits
the amount of Rs.10,000/- on or before 31.11.2008, the condition
imposed for leave to defend shall stand complied with.
6. Subject
to the aforesaid observations, the petition is not entertained.
Disposed of accordingly. Direct service is permitted.
(JAYANT
PATEL, J.)
shekhar/-
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