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A.R.5 of 2010
19.11.2010
Shri Vivek Agrawal, G.A. for the respondents.
Respondent present in person.
I.A.12272/10 for modification of order dated 11.10.2010
and for extension of time for complying with the order dated
7.9.2010.
Shri Agrawal and the respondent are heard.
It is stated by the respondent that by order dated
7.9.2010 the petitioners were permitted to deposit Rs.8 lakhs
within a period of 30 days but the aforesaid order was not
complied with. On 11.10.2010 the order was treated to be as
vacated because of non-compliance of order dated 7.9.2010. So
no further time be allowed to the petitioners to deposit the
amount.
Shri Agrawal learned counsel appearing for the petitioners
submitted that because of non-communication of the order
dated 7.9.2010, the order could not be complied with and
further a week’s time be allowed to comply with the aforesaid
order.
The aforesaid position is again opposed on the ground
that in fact the petitioners were well within the knowledge of
order dated 7.9.2010 and have not complied with the same
willfully.
After considering the rival contentions, we allow the
aforesaid application but by modifying our earlier order thus :-
“The petitioners are allowed further 10 days time
from today to deposit Rs.12 lakhs before the Tribunal and
in case the amount is deposited within the aforesaid
period, recovery of remaining amount from the petitioners
2…..
A.R.5 of 2010
19.11.2010
shall remain in abeyance. In case the order is not
complied with, the respondent shall be free to execute the
award in accordance with law.”
The aforesaid amount be deposited before the VI
Additional District Judge, Bhopal, where at present execution file
of the respondent is pending. On deposit of the aforesaid
amount, respondent shall be free to withdraw the same in
accordance with law.
Certified copy as per rules.
(Krishn Kumar Lahoti) (Smt. Sushma Shrivastava)
JUDGE JUDGE
vj