Gujarat High Court Case Information System
Print
SCA/8582/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 8582 of 2011
=========================================
JAY
KRISHNA CORPORATION THROUGH PROP. USHABEN V RESHAMWALA & 2 -
Petitioner(s)
Versus
SURAT
MERCANTILE COOPERATIVE BANK LTD - Respondent(s)
=========================================
Appearance :
MR
BAIJU JOSHI for
Petitioner(s) : 1 - 3.
NOTICE SERVED for Respondent(s) : 1,
MR
KK TRIVEDI for Respondent(s) :
1,
=========================================
CORAM
:
HONOURABLE
MR.JUSTICE M.R. SHAH
Date
: 05/10/2011
ORAL
ORDER
1. The
present Special Civil Application under Article 227 of the
Constitution of India has been preferred by the petitioners-original
defendants to quash and set aside the impugned order passed by the
learned Gujarat State Co-operative Tribunal dated 07/05/2011 in
Revision Application No. 189/2009 by which the learned tribunal has
partly allowed the said Revision Application preferred by the
respondent-Bank and modified the order passed by the learned Board of
Nominee dated 08/09/2009 in Restoration Application No. 2/2008 in
Summary Lavad Suit No. 415/2007 by which while restoring the
aforesaid Lavad Suit to file and quashing and setting aside the
ex-parte judgment and award, the learned Board of Nominee directed
the petitioners to deposit 30% of the suit amount with cost of Rs.
1,000/- with the respondent-Bank. The learned tribunal by impugned
order has directed the petitioners to deposit 50% of the
suit amount instead of 30% as directed by the learned Board of
Nominee.
2. Shri
Baiju Joshi, learned advocate appearing on behalf of the petitioners
has requested to reduce the amount to be deposited from 50% to 40%
looking to the financial condition of the petitioners as well as the
fact that the son of the petitioners has met with an accident and he
was required to be hospitalised for a longer period. It is submitted
that 40% of the amount shall be deposited on or before December 2011
by two equal instalments. The first instalment shall be deposited
with the respondent-Bank on or before 14/11/2011 and the second
instalment shall be paid on or before 31/12/2011. He has submitted
that an undertaking to the aforesaid effect shall be filed with the
Registry of this Court with a copy to the respondent-Bank within a
period of one week from today.
3. Shri
K.K. Trivedi, learned advocate appearing on behalf of the
respondent-Bank has requested to pass an appropriate order
considering the aforesaid facts and circumstances of the case,
however has requested to make suitable observation that the aforesaid
concession is given in the facts and circumstances of the case and
without citing the same as a precedent. The learned advocates
appearing on behalf of the respective parties do not invite any
further reasoned order.
4. In
view of the above broad consensus between the learned advocates
appearing on behalf of the respective parties, the impugned order
passed by the learned Gujarat State Co-operative Tribunal dated
07/05/2011 in Revision Application No. 189/2009 is hereby modified to
the extent that instead of 50% of the amount of the suit claim to be
deposited by the petitioners pursuant to the order passed by the
learned Gujarat State Co-operative Tribunal in the aforesaid Revision
Application, petitioners to deposit with the respondent-Bank 40% of
the suit claim amount with cost of Rs. 2,500/- to be deposited with
the respondent-Bank on or before 31/12/2011 in two equal monthly
instalments and the first instalment to be paid on or before
14/011/2011 and the second instalment shall be paid on or before
31/12/2011. On non deposit of the aforesaid amount, Lavad Suit No.
415/2007 shall not be restored to file. The petitioners to file
necessary undertaking to the aforesaid extent within a period of one
week from today with a copy to the respondent-Bank.
5. With
this, the present petition is allowed. Rule is made absolute to the
aforesaid extent. No cost.
(M.R.
SHAH, J.)
siji
Top