Shahil Owners Association Thru ... vs Ajmal Ganeshbhai Solanki
2021 Latest Caselaw 3987 Guj

        C/SA/184/2019                                 IA ORDER



      IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

        CIVIL APPLICATION (FOR STAY) NO. 1 of 2021
             In R/SECOND APPEAL NO. 184 of 2019
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SHAHIL OWNERS ASSOCIATION THRU SECRETARY JAGDISH SOLANKI Versus AJMAL GANESHBHAI SOLANKI ========================================================== Appearance:

MR CJ VIN for the PETITIONER(s) No. MR ASHISH H SHAH for the RESPONDENT(s) No. MR PR NANAVATI for the RESPONDENT(s) No. VATSAL M PARIKH for the RESPONDENT(s) No. ==========================================================

CORAM: HONOURABLE MR. JUSTICE NIKHIL S. KARIEL

Date : 09/03/2021

IA ORDER

1. Heard learned advocate Mr. C. J. Vin on behalf of Applicants and learned advocate Mr. Jitendra M. Malkan on behalf of Respondent No.1­ original plaintiff and learned advocate Mr. Premal Nanavati on behalf of Respondent No.5.

2. Learned advocate Mr. C.J.Vin on behalf of the Applicants submits that vide order dated 9.5.2019, this Court (Coram: B.N.Karia, J.) had been pleased to issue Rule in the Civil Application and Stayed the Order passed by the lower Appellate Court in Regular Civil Appeal No. 5 of 2018 subject to the condition that applicants­appellants shall deposit an amount of Rs.5 Lakhs before the Registry of this Court. This Court had also directed that upon depositing of the said amount of Rs. 5 Lakhs, Registry shall issue Notice in the Appeal against the Respondent. Learned advocate submits that due to serious monetary issues faced by the Appellants, they could not comply with the said order and as of

C/SA/184/2019 IA ORDER

now they are ready to comply with the said order and, therefore, he submits that Notice be issued to Respondents on the same terms and conditions as directed by this Court vide order dated 9.5.2020 and whereas he would be depositing the amount, as directed by this Court, within a period of one week from the date of receipt of this Order.

3. This application has been strongly opposed by learned advocate Mr. Malkan on behalf of Respondent no.1, submitting that the Applicants have not complied with the order dated 9.5.2020 and, therefore, instead of amount of Rs.5 Lakhs, the Applicants may be directed to pay Rs.5 Lakhs with interest from 9.5.2020 till date.

4. Having heard the parties, this Court is of the considered opinion that instead of Rs. 5 Lakhs, the Appellant may be directed to deposit an amount of Rs. 5,50,000/­ with the Registry of this Court within a period of one week from the date of receipt of this Order and in considered opinion of this Court the same would meet the ends of justice. Considering the same, the following orders are passed in Civil Application:

5. Upon depositing the amount of Rs.5,50,000/­, Registry shall issue Notice of Rule in the Civil Application returnable after a period of 4 weeks from the date of deposit and whereas the judgment and decree passed by the lower Appellate Court in Regular Civil Appeal No. 5 of 2018 shall be stayed till the next date of hearing only after amount is deposited.

6. Upon depositing the amount of Rs.5,50,000/­ before the

C/SA/184/2019 IA ORDER

Registry of this Court within a period of one week before the Registry, the Registry shall issue Notice in CA returnable after 4 weeks. This Application as well as the Appeal shall be placed for further hearing on 6.4.2021.

7. It is further clarified that if the amount of Rs.5,50,000/­ is not deposited by the Appellants within a period of one week from the date of receipt of this Order, the Appeal as well as Civil Application shall stand dismissed.

(NIKHIL S. KARIEL,J) SAJ GEORGE