Harshadbhai Popatbhai Shah v. Ishwarbhai Laxmandas Lalchandani
2017-11-02
A.J.SHASTRI
body2017
DigiLaw.ai
ORDER : A.J. SHASTRI, J. Heard learned advocates for the parties. 2. The present civil application is submitted by the applicant for seeking vacation of interim relief granted by this Court on 6.9.2016, on the premise that the condition mentioned in the interim order has not been complied with and outstanding amount of rent is not paid. 3. When this civil application is taken for hearing, Mr. Nikhil Kariel, learned advocate has drawn the attention of the Court to the receipt of payment of rent which has also been shown to the learned advocate representing the applicant and has stated that the amount has been deposited and has, on instructions, assured the Court that if there is a deficit of one month of outstanding amount of rent, he shall clear the same by 10.11.2017 Xerox copy of the receipt dated 9.1.2017 is taken on record. 4. In view of above specific assurance given on instructions, civil application is not pressed by learned advocate representing the applicant. 5. It is made clear that if this assurance is not fulfilled and the amount is not deposited by 10.11.2017 then, the protection envisaged in an order dated 6.9.2016 shall not operate and appropriate action for breach of assurance will be initiated against the opponent. 6. With this, present civil application stands disposed of. 7. Looking to the situation and the peculiar facts and circumstances of the case, at the join request of learned advocates for the parties, main First Appeal No. 2249 of 2015 is ordered to be expedited. Same may be put up for hearing in the month of May, 2018.