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CA/15695/2010 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
CIVIL
APPLICATION - FOR FIXING DATE OF HEARING No. 15695 of 2010
In
SECOND
APPEAL No. 216 of 2008
=========================================================
SHREE
INDUSTRIES FACTORY & 3 - Petitioner(s)
Versus
GOPAL
METAL ROLLING MILLS - Respondent(s)
=========================================================
Appearance
:
MR
VASANT S SHAH for
Petitioner(s) : 1 - 4.
MR KIRTIDEV R DAVE for Respondent(s) :
1,
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 08/02/2011
ORAL
ORDER
1. Heard
learned advocate Mr.Vasant S. Shah for applicants and learned
advocate Mr.K.R.Dave for respondent.
2. Considering
the averments made in present application, Second Appeal No.216 of
2008 is fixed for final hearing in 1st week of May,2011.
3. This
Court has passed the order in Civil Application No.10799 of 2008 on
2.7.2009 which is quoted as under :
“1. Rule.
Learned advocate Mr. Dave, waives service of notice of Rule on behalf
of the opponent.
2. With
the consent of learned advocates for the parties, this application
is taken up for final hearing today.
3. Heard
learned advocate Mr. Vasant S. Shah for the applicants and learned
advocate Mr. K.R. Dave for the opponent.
4. By
way of this application, the applicants have sought stay of the
implementation, execution and operation of the judgment and decree
passed by the First Appellate Court.
5. By
the order dated 18-9-2008 this Court, stayed the execution,
operation and operation of the judgment and decree dated 29-1-2008
passed by the learned Additional District Judge, Fast Track Court
No.1, Surendranagar in Regular Civil Appeal No. 23 of 2006.
6. In
view of the fact that the money decree is passed against the
applicants, no blanket stay against the execution of the decree can
be granted. Hence, the execution, operation and implementation of the
judgment and decree dated 29-1-2008 passed by the learned Additional
District Judge, Fast Track Court No.1, Surendranagar in Regular Civil
Appeal No. 23 of 2006 is stayed on the condition that the applicants
deposit the decreetal amount before the trial court within 8 weeks
from today.
7. In
view of above, this application stands allowed. Rule is made absolute
to the aforesaid extent, with no order as to costs.”
4. In
pursuance to aforesaid order, learned advocate Mr.Shah submitted that
applicants have deposited the amount before the trial Court.
Therefore, he is having apprehension that respondent may withdraw the
said amount which has been deposited by applicants before the trial
Court.
5. As
and when such application is filed by respondent for withdrawal of
aforesaid amount from trial Court, it is open for applicants to raise
objection against such application, if it is filed by respondent
before trial Court. Ultimately, the trial Court has to decide such
application which has been filed by respondent.
6. Accordingly,
present application is disposed of. Direct service is permitted.
[
H.K.RATHOD, J. ]
(vipul)
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