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CA/270/2011 2/ 2 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR ORDERS No. 270 of 2011
In
FIRST
APPEAL No. 544 of 2009
With
CIVIL
APPLICATION No. 364 of 2011
In
FIRST APPEAL No. 2988 of 2009
=========================================================
NEW
INDIA ASSURANCE CO LTD - Petitioner(s)
Versus
STATE
TRADING CORPORATION OF INDIA LIMITED & 1 - Respondent(s)
=========================================================
Appearance
:
MR
THOMAS for MR VIBHUTI NANAVATI
for
Petitioner(s) : 1 in both matters,
MR KAMAL TRIVEDI, Sr.Advocate
for MR AMAR N BHATT for Respondent(s) : 1 - 2 in both
matters.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE A.L.DAVE
and
HONOURABLE
MR.JUSTICE V. M. SAHAI
Date
: 14/02/2011
COMMON
ORAL ORDER
(Per
: HONOURABLE MR.JUSTICE A.L.DAVE)
1. Heard
learned advocate Mr.Thomas for Mr.Vibhuti Nanavati. He states in
support of these applications that, the applicant may be directed to
deposit the decretal amount with the trial Court, instead of Bank
Guarantee.
2. The
major aspects emerge that, (i) this Court never granted interim
relief on condition of the applicant’s furnishing Bank Guarantee;
(ii) it does not appear that the applicant has approached the trial
Court with a request to accept the decretal amount in cash and
instead of furnishing security; and (iii) there is no order produced
on record of this Court to show that the Court is demanding the Bank
Guarantee.
3. The
applications, therefore, are ill-founded and frivolous and rejected
with cost of Rs.5,000/- each, i.e. total Rs.10,000/- to be deposited
within two weeks in the Registry of this Court. On the cost being
deposited, the same may be transmitted to the Gujarat State Legal
Services Authority.
(A.L.Dave,
J.)
Sreeram. (V.M.Sahai,
J.)
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