IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
O.J.APPEAL No 38 of 2001
in
MISC.CIVIL APPLICATION No 34 of 2000
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MIGWELD AND MACHINES LTD.
Versus
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Appearance:
SINGHI & CO for appellant.
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CORAM : MR.JUSTICE R.K.ABICHANDANI
and
MR.JUSTICE K.A.PUJ
Date of Order: 11/01/2002
ORAL ORDER
(Per : MR.JUSTICE R.K.ABICHANDANI)
As per the order made on 11th December 2001,
notice was issued to the respondent only on condition
that the appellant shall deposit the amount of interest
calculated at the rate of 15% from the date on which the
respondent-claimant was entitled to get the amount. Such
amount shall be deposited within a period of 4 weeks from
today. The amount of interest so calculated shall be
payable upto date on which the amount is deposited in the
Court. Stay granted earlier shall continue only after
undertaking is filed in the Court regarding payment of
interest. The undertaking to be filed within a period of
one week.
2.The Office has filed the note pointing out that
the appellant has not filed the undertaking as stipulated
in the order nor is the amount of interest deposited as
mentioned in the order. The learned counsel for the
appellant states that the facts pointed out by the office
are correct and no such interest amount is deposited nor
is an undertaking filed as was stipulated under the
order. He states that he has no instructions from his
client in the matter. In this view of the matter, the
order made on 11-12.2001, which was a conditional one,
will not operate.
[R.K. Abichandani, J. ]
rmr. [K.A. Puj, J.]