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2017 DIGILAW 1293 (GUJ)

Bony System v. Chirayu Madhusudan Agnihotri

2017-07-18

A.G.URAIZEE, S.R.BRAHMBHATT

body2017
ORDER : S.R. BRAHMBHATT, J. 1. Rule. Shri Joshi, learned advocate waives service of notice of Rule on behalf of respondent. By consent, Rule is fixed forthwith. 2. Heard learned counsels for the parties. 3. Shri Mishra, learned counsel appearing for the applicants has tendered two affidavits, both affirmed on 17.07.2017, one is tendered on 17.07.2017 and second is tendered on today i.e 18.07.2017 and submitted that the applicant undertakes to abide by the schedule mentioned thereunder for making deposits as mentioned thereunder and in case if the court is inclined to permit the disbursement to the respondent, who has filed Darkhast for execution of the order being Darkhast No. 10 of 2017, then, the Executing Court be directed to secure appropriate security/surety before disbursing the said amount. 4. Shri Joshi, learned advocate appearing for the respondent submitted that the amount be disbursed and appropriate security/surety would be furnished to the Executing Court and let the amount be deposited in the Executing Court and Court may also observe that in case, if there is default, then, the Execution proceedings may be resumed. 5. We are of the view that in the undertaking dated 17.7.2017, the applicant has provided table showing the payment, which is reproduced here-in-below for ready reference: Sr. No Amount Date 1 Rs. 3,50,000=00 18.07.2017 2 Rs. 3,00,000=00 18.08.2017 3 Rs. 3,50,000=00 18.09.2017 4 Rs. 3,50,000=00 18.10.2017 5 Rs. 3,50,000=00 18.11.2017 6 Rs. 5,00,000=00 30.01.2018 7 Rs. 5,00,000=00 30.03.2018 8 Rs. 5,00,000=00 30.05.2018 9 Rs. 2,40,753=00 30.07.2018 Total Rs. 34,40,753=00 6. The applicant shall abide by the schedule for payment and deposit before the Court. The said deposit is subject to final outcome of the Appeal and hence, the amount, which is going to be deposited before the Executing Court i.e Rs. 34,40,753/- in the proceedings of execution, the Executing Court is directed to disburse the same to the respondent after obtaining security/surety against the amount to its satisfaction. It goes without saying that in case there is any default, then, the arrangement will not work and the execution proceeding, which is ordered to be kept in abeyance, will reopen and proceed further. 7. In view of above, there shall be a stay of the operation and implementation of the impugned order on condition of applicant depositing the amount mentioned in the table before the Executing Court. 7. In view of above, there shall be a stay of the operation and implementation of the impugned order on condition of applicant depositing the amount mentioned in the table before the Executing Court. At this stage, it is made clear that staying the operation and execution of impugned order would not amount to disposing of the Execution proceedings but it shall remain in abeyance till the appeal is disposed of, except for accepting the amount that may be deposited and it is disbursed to the respondent as mentioned hereinabove. 8. The applicant is directed to deposit the amount of Rs. 34,40,753/- as stated in the table before the Executing Court. At this state Shri Mishra, learned advocate appearing for the applicant submitted that the first installment of Rs. 3,50,000/- is required to be paid today i.e 18.07.2017 and cheque is ready, therefore, the applicant is permitted to deposit the same on or before 20.7.2017 before the Executing Court as per table and the date shall accordingly be treated as 18.7.2017 9. The Civil Application is disposed of accordingly. Rule is made absolute to aforesaid extent.