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CA/290/2010 1/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR ORDERS No. 290 of 2010
In
SECOND
APPEAL No. 159 of 2005
=========================================================
CHAMAR
DAHYA SHANKARBHAI - Petitioner(s)
Versus
KESARBEN
WD/O NARANBHAI PREMJIBHAI PATEL & 4 - Respondent(s)
=========================================================
Appearance
:
MR
MA BUKHARI for
Petitioner(s) : 1,
None for Respondent(s) : 1, 1.2.1, 1.2.2,
1.2.3, 1.2.4, 1.2.5, 1.2.6,1.2.7 - 4.
MS SACHI MATHUR, AGP for
State
Authority
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 24/06/2010
ORAL
ORDER
Heard
learned advocate Mr. Bukhari appearing on behalf of applicant.
This
application is preferred with a prayer to permit the withdrawal of
Rs.15,000/- which is deposited by other side. This Court has passed
an order on 17th April 2009 in Civil Application No.2532
of 2009, which is quoted as under, wherein this Court has granted
liberty in its order.
The
present Civil Application is filed praying that:-
5. (A) Your
Lordship may be pleased to pass the appropriate order to release the
amount of Rs.15,000/- deposited in the registry as per order on dated
10/8/05 of this Hon’ble Court towards the cost, for in
the Second Appeal o.157/05, for defending their case in the interest
of justice.” (emphasis supplied).
Heard
Mr.Bukhari, learned advocate for the applicant, Mr.Patel, learned
advocate for opponent No.1 and Mr.Rindani, learned Assistant
Government Pleader, for respondent No.2.
The
amount of Rs.15,000/- (Rupees Fifteen Thousand Only) is deposited by
the opponent original appellant plaintiff No.1 in each of the
appeals.
The
Registry is directed to pay the aforesaid amount to the applicant of
the present Civil Application, on applicant filing an undertaking to
this Court that in the event, the appellant succeeds in the Second
Appeal, meaning thereby, opponent No.1 fails in the Second Appeal, he
will reimburse the aforesaid amount of Rs.15,000/- (Rupees Fifteen
Thousand Only) with interest @ 9% p.a. from the date of receipt of
the amount till he reimburses the amount.
The
Civil Application is disposed of accordingly.
Accordingly,
let applicant may approach the registry and registry is directed to
act according to order passed by this Court on 17th April
2009.
In
view of above observations and direction, present application is
disposed of.
[H.K.
RATHOD, J.]
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