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2012 DIGILAW 1402 (MAD)

. v. .

2012-03-19

R.BANUMATHI, S.VIMALA

body2012
Judgment R. BANUMATHI, J. 1. Appeal has been filed by the petitioner/appellant against the judgment and decree passed in O.S.No.234 of 2004 on the file of Principal District Judge, Namakkal 2. In M.P.No.1 of 2011, by the order dated 21.12.2011, this Court has granted interim stay on condition that the petitioner/appellant should deposit Rs.14 lakhs to the credit of E.P.No.204 of 2011 in O.S.No.234 of 2004 within a period of ten weeks from the date of receipt of the order. On such deposit being made, the respondent/plaintiff was permitted to withdraw the same, without furnishing security. 3. These two petitions viz., M.P.Nos.1 and 2 of 2012 are now filed seeking permission to deposit Rs.8 lakhs and extension of time i.e. ten weeks to mobilise the balance amount of Rs.6 lakhs. 4. We have heard the learned counsel for the petitioner/appellant and the learned counsel for the respondent/plaintiff. 5. Learned counsel for the petitioner/appellant has also produced the Demand Draft bearing No.068722 dated 15.03.2012 for Rs.8,00,000/- drawn on Axis Bank Limited, Chennai – 41 in the name of the respondent/plaintiff – N.Palanisamy. Learned counsel for the petitioner/appellant states that because of the loss in business, the petitioner/appellant was not in a position to mobilise the funds and therefore, requests ten weeks' time for payment of balance amount of Rs.6 lakhs. 6. Considering the submissions, the petitioner/appellant is granted time till 24.04.2012 and he shall pay the balance amount of Rs.6 lakhs on or before 24.04.2012. 7. For reporting compliance, matter shall be listed on 25.04.2012. 8. In modification of the earlier order dated 21.12.2011, the amount of Rs.8 lakhs drawn by way of Demand Draft bearing No.068722 dated 15.03.2012 for Rs.8,00,000/- drawn on Axis Bank Limited, Chennai – 41 in the name of the respondent/plaintiff – N.Palanisamy, is ordered to be paid direct to the respondent/plaintiff, which the learned counsel for the respondent/plaintiff has received in the open Court today (19.03.2012). 9. Interim stay already granted on 21.12.2011 in M.P.No.1 of 2011 is extended till 25.04.2012. Matter shall be listed on 25.04.2012.