Ashwinbhai J. Gandhi and 1 vs Laxmi Loan and 1

Honourable Ms. Justice S.G. Gokani

This application has been preferred by the original respondents of SCA No. 7573 of 2011, who are also original plaintiffs of Small Cause Court case No. 413/88. This application has been preferred seeking following prayers:

(A) The Hon''ble Court be pleased to admit and allow this application;

(B) That Your Lordships may be pleased to take the order dated 3.4.2012 passed in Special Civil Application No. 7573 of 2011 be pleased to pass further orders pursuant to the order dated 3.4.2012 by making it clear that since the conditions mentioned in the order dated 3.4.2012 have not been satisfied, the final order setting aside the impugned order no more operates and the said Special Civil Application stands dismissed;

(C) Such other and further reliefs as this Hon''ble Court may deem just and expedient be granted in favour of the petitioners.

This Court has heard learned Senior advocate Mr. Sanjanwala appearing with learned advocate Mr. Dilip Kanojiya for the Applicant. Though served, none appears for the opponents. It is urged by the learned counsel that the order of this Court has not been complied with either by paying the amount of rent or otherwise. Respondents-applicants are suffering on account of non-deposit of a sum of Rs. 1,60,000/-, which are the corporation dues. Therefore, the Court may pass consequential order, as matter has not been challenged before the Higher Forum.

It appears that an order was passed by this Court, while allowing the applications for condonation of delay of 823 days, asking the applicant to deposit a sum of Rs. 1.00 Lakhs towards rent within one week from the date of receipt of this order and with a further direction to deposit a sum of Rs. 1,60,000/- towards Corporation dues and on such conditions being fulfilled, the appeal was directed to be proceeded with and it was further directed by the Court to decide this appeal within a period of six months.

It is urged before this Court that no amount till the date has been deposited though the Court allowed petition in favour of the opponent herein and on account of this non-compliance of order, the appeal is not proceeding which ought to have been dismissed long ago.

It appears that today also, though called out, when original petitioner-judgment debtors have chosen not to appear or contest this application, Order passed on dated 3.4.2012 requires further clarifications as under :

The opponents if has not paid the amount as directed by this Court in its order dated 3rd April, 2012 within the period prescribed, Appellate Court shall be at liberty to adopt the legal course available to it; including that of disposal in the appeal pending before it and no further and other direction in favour of the opponent herein and original judgment debtor continues. This application stands disposed of in view of the above clarifications.