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CA/149120/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR DIRECTION No. 1491 of 2008
In
SPECIAL
CIVIL APPLICATION No. 12511 of 2003
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JAGDEEP
INDUSTRIES THROUGH PARTNER - Petitioner(s)
Versus
GUJARAT
INDUSTRIAL DEVELOPMENTCORPORATION (G.I.D.C.) & 1 - Respondent(s)
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Appearance :
MR
YN RAVANI for Petitioner(s) : 1,
MR MG
NAGARKAR for Respondent(s) : 1 -
2.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE JAYANT PATEL
Date
: 06/08/2008
ORAL
ORDER
The
applicant has preferred the present application for interim
direction to the opponent GIDC to issue No Due Certificate and No
Objection Certificate with reference to the shed/plot in question.
Mr.Nagarkar,
learned counsel for the respondent declared before the Court that
the amount outstanding as per the GIDC is of Rs.5,54,191/-.
Mr.Ravani,
under the instructions of his client declared that the applicant is
ready to deposit the amount with the GIDC without prejudice to the
rights and contentions in the main Special Civil Application and
subject to the outcome of the main Special Civil Application. In the
event the applicant succeeds, appropriate orders may passed by this
Court for refunding of the amount by GIDC with interest. He submits
that the value of the plot/shed is higher and therefore, the
applicant is desirous to see that the title of the applicant is not
under cloud on account of the present litigation.
Under
these circumstances, it appears that if the amount as claimed by the
GIDC is deposited by the applicant without prejudice to the rights
and contentions in the main Special Civil Application, the GIDC
should not have any objection in issuing No Due Certificate or No
Objection Certificate with reference to the plot in question.
However, in the event the applicant succeeds, GIDC would be required
to refund the amount with the Bank rate of interest at the rate of
8% p.a., if it is so directed by this Court.
Hence,
considering the facts and circumstances, it is directed that if the
applicant deposits the amount of Rs.5,54,191/- within one month from
today, respondent GIDC shall issue No Due Certificate and No
Objection Certificate concerning to the shed/plot in question.
However, the said amount of Rs.5,54,191/- shall be accepted/retained
by the GIDC subject to final order that may be passed by this Court
in Special Civil Application No. 12511/03 and it will also be on the
condition that GIDC files undertaking to this Court within one week
from the date of the payment of the amount by the application that
it shall refund the amount with the interest @ 8% p.a. to the
applicant if it is so directed by this Court at the final hearing of
the main Special Civil Application or in alternative, it shall
deposit the amount with this Court if it is so directed by this
Court, together with the interest.
Application
is disposed of in terms of the aforesaid direction. D.S.
(JAYANT PATEL, J.)
*bjoy
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