Gujarat High Court Case Information System
Print
MCA/1298/2010 1/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
MISC.CIVIL
APPLICATION - FOR DIRECTION No. 1298 of 2010
In
APPEAL
FROM ORDER No. 71 of 2010
=================================================
KANTABEN
THAKORBHAI PATEL & 3 - Applicant(s)
Versus
PATEL
DAHIBEN MAGANBHAI & 10 - Opponent(s)
=================================================
Appearance
:
MR
SALIM M SAIYED for Applicant(s) : 1 - 4.
Mr.SHAH FOR Mr.PARDIWALA
for Opponent(s) : 1 -
11.
=================================================
CORAM
:
HONOURABLE
MR.JUSTICE RAVI R.TRIPATHI
Date
: 13/05/2010
ORAL
ORDER
The
present application is filed as execution of sale deed is not getting
materialised though the applicants have already paid a huge amount to
the Bank on behalf of the respondents. Whatever additional amount
that is now required to be paid to the respondents, the applicants
are ready and willing to pay that amount. Request is that the
respondents be directed to execute sale deed in favour of the
applicants. Difficulty is that the respondents are 11 in number. To
get them together for the purpose of execution of sale deed is
difficult. It is requested that the respondents may execute power of
attorney in favour of one or two respondents, who in turn may execute
sale deed after the amount is deposited in the court which in turn
may be permitted to be withdrawn by the respondents. The request is
reasonable.
Learned
advocate Mr.Shah for Mr.Pardiwala states that respondents no.1, 3, 4,
5, 6 and 10 have already executed power of attorney in favour of
respondents no.2 and 7 herein. That being so, respondents no.8, 9 and
11 shall also execute power of attorney in favour of respondents no.2
and 7, who in turn, shall execute sale deed in favour of the present
applicants on the applicants depositing the remaining amount by
tomorrow, the 14th May 2010. The learned advocate for the
applicants to give a written intimation to the learned advocate for
the respondents that the amount is deposited. That being so, the
aforesaid exercise of executing power of attorney by respondents
no.8, 9 and 11 should be completed as expeditiously as possible and
sale deed should be executed on or before 28th May 2010.
Only for the purpose of placing on record the completion of this
exercise, the matter is kept on 15th June 2010.
(RAVI
R. TRIPATHI, J.)
karim
Top