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OJMCA/72/2008 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.
CIVIL APPLICATION No. 72 of 2008
In
CIVIL
APPLICATION No. 136 of 2008
In
MISC.
CIVIL APPLICATION No. 18 of 2008
======================================
JAGDISHBHAI
J SOLANKI - Applicant
Versus
SHRI
HARI APPLICANCES PVT LTD & 2 - Respondents
======================================
Appearance
:
MR.B K.RAJ for Applicant.
MR
PURVISH J MALKAN for Respondent No. 1.
None for Respondents : 2 -
3.
======================================
CORAM
:
HONOURABLE
MR.JUSTICE K.A.PUJ
Date
: 01/08/2008
ORAL ORDER
The
applicant has filed this application seeking modification /
clarification of the order dated 05.05.2008 and directing the
respondents to make the payment with immediate effect and comply the
order without any delay.
This
Court has passed an order on 05.05.2008 recording the statement made
by Mr. Malkan on behalf of the applicant of Misc. Civil Application
No.18 of 2008 that the applicant shall satisfy the dues of
Rs.2,25,000/- of the principal amount and at that time, Mr. B. K.
Raj, learned advocate appearing for the applicant has agreed that if
the amount is received, the application moved by him being OJ Civil
Application No. 136 of 2008 no longer survived. Subsequent to this,
Shri Hari Appliances Private Limited, applicant of Misc. Civil
Application No.18 of 2008 has taken out the Demand Draft of
Rs.2,25,000/- and zerox copy of the said Demand Draft was forwarded
to the present applicant. However, the original Demand Draft was
not received and hence, the present application is moved. Original
demand draft is still not traceable. Mr. Malkan has, therefore,
taken out another demand draft in lieu of the original draft for
Rs.2,25,000/- in favour of the present applicant. The present
applicant has also filed an affidavit before this Court today
stating therein that he would not have any objection if the original
demand draft is cancelled and he has also authorized them to
initiate proceedings for its cancellation.
In
view of the above affidavit, the original demand draft is required
to be cancelled and for that purpose, the present opponent i.e. Shri
Hari Appliances Private Limited shall intimate to the Bank for its
cancellation. The duplicate Demand Draft which is presented to the
Court is handed over to Mr. B. K. Raj, learned advocate appearing
for the applicant.
Since
the grievance of the present applicant is fully redressed on receipt
of the draft, nothing remains in the present application. It is
accordingly disposed of.
Sd/-
[K. A. PUJ, J.]
Savariya
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