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LPA/950/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
LETTERS
PATENT APPEAL No. 950 of 2010
In
SPECIAL
CIVIL APPLICATION No. 21319 of 2005
With
CIVIL
APPLICATION No. 4328 of 2010
In
LETTERS
PATENT APPEAL No. 950 of 2010
=================================================
RUPAM
RAJIV MARDIA - Appellant(s)
Versus
ICICI
BANK LTD & 1 - Respondent(s)
=================================================
Appearance :
MR
RS SANJANWALA for Appellant(s) : 1,
MR SANDEEP SINGHI for SINGHI &
CO for Respondent(s) : 1,
None for Respondent(s) :
2,
=================================================
CORAM
:
HONOURABLE
THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA
and
HONOURABLE
MR.JUSTICE K.M.THAKER
Date
: 04/08/2010
ORAL ORDER
(Per
: HONOURABLE THE CHIEF JUSTICE MR. S.J. MUKHOPADHAYA)
This
Letters Patent Appeal arises out of the order dated 18.6.2003 passed
by the Debts Recovery Tribunal, Mumbai in Original Application No.
977 of 1999 and the order dated 27.9.2005 passed by the Debts
Recovery Appellate Tribunal, Mumbai. Both the orders were challenged
by filing a writ petition in Special Civil Application No. 21319 of
2005. By the order under challenge the petition having been
dismissed and the interim order having been confirmed with a
direction that the amount deposited with this Court be transferred to
the Debts Recovery Tribunal, Mumbai, the present appeal has been
preferred.
2. It
appears that while the SCA was pending, by interim direction the
appellant – original petitioner submitted two Fixed Deposit Receipts
for Rs.55,01,000/- and Rs.36,00,000/- respectively. The details of
such Fixed Deposit Receipts have been shown in an affidavit filed by
the appellant today.
3. The
learned counsel appearing on behalf of the parties submitted that
during pendency of the case, the parties have settled the dispute
and, therefore, a prayer has been made by the appellant to allow the
appellant to withdraw the two Fixed Deposit Receipts deposited with
this Court, which are now lying with the Debts Recovery Tribunal,
Mumbai. The following statement has been made by the appellant in
para 4 of her affidavit :-
4. I
say that the dispute between ICICI Bank Limited and my husband Rajiv
Mardia and my brother-in-law Shri Rasik Mardia has been settled and
by an order passed below Exh. 68 in Original Application NO. 977 of
1999, the said Original Application so far as it was against my
husband Rajiv Mardia and my brother-in-law Rasik Mardia has been
disposed of. The interim directions qua the properties belonging to
me were issued to secure the claims against my husband Rajiv Mardia.
Now that the said claim stands settled and the Original Application
No. 977 of 1999 stands disposed of, the amount which was deposited in
pursuance of the interim directions is required to be returned to me.
Accordingly, necessary directions may be issued for returning the
above Fixed Deposit Receipts to me and also disposing of the present
Letters Patent Appeal in view of the settlement. A copy of the said
order passed below Exh.68 in Original Application No. 977 of 1999 is
annexed hereto and marked Annexure 1.
4. Another
affidavit has been filed on behalf of the 1st respondent
bank wherein the following statement has been made :-
1. I
am the Assistant Manager, of the Respondent No.1, I am filing the
present affidavit for the limited purpose of placing on record of
this Hon’ble Court about the settlement arrived at between the
Respondent No.1 (ICICI Bank Limited) and Mr. Rasiklal Mardia and Mr.
Rajeev Mardia. In view of the amicable settlement, Consent Terms
were filed before the Hon’ble Debts Recovery Tribunal III,
Mumbai, in Original Application No. 977 of 1999. Accordingly, the
Hon’ble DRT was pleased to pass an order dated 10.5.2010 in terms of
the settlement. A copy of the said order dated 10.5.2010 passed by
Debts Recovery Tribunal-III, Mumbai is annexed hereto and marked as
Annexure A.
2. I
state that the Respondent No.1 has no objection in this Hon’ble Court
allowing the Appellant to withdraw the Fixed Deposit, deposited
before this Hon’ble Court and transferred to DRT-III, Mumbai pursuant
to judgment and order of this Hon’ble Court dated 9.10.2009.
5. In view of
the fact that the parties have already settled the matter before the
Debts Recovery Tribunal, no further order is required to be passed.
The appellant is allowed to withdraw both the Fixed Deposit Receipts,
alongwith the accrued interest thereon, which were deposited before
this Court and transferred to the Debts Recovery Tribunal III,
Mumbai, pursuant to the order of this Court dated 9.8.2009.
6. The Letters
Patent Appeal and the Civil Application both stand disposed of.
[S.J.
MUKHOPADHAYA, CJ.]
[K.
M. THAKER, J.]
sundar/-
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