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Judgment
Honourable Mr. Justice Ravi R. Tripathi
Present appeal is filed by the original respondent being aggrieved by order dated 29.9.2011 passed by the learned Company Judge admitting the petition and directing and permitting to publish the advertisement about admission of the present petition in two Gujarati daily i.e. ''Gujarat Mitra'' and ''Divya Bhaskar'' and one English daily i.e. ''Indian Express'' and publication in Government Gazette was dispensed with. The Division Bench of this Court by order dated 19.10.2011 permitted the original respondent - Priyanka Developers Pvt. Ltd. to deposit a sum of Rs. 4,50,000/- towards the principal amount and an amount of Rs. 3,25,000/- towards the interest.
The appellant has deposited that amount on 11.11.2011.
2.1 Learned advocate Mr. Pavan Godiawala for the respondent -original petitioner submitted that the Hon''ble Court may consider the question of awarding of interest @ 21% as is normally granted in the matters before the Court. In the alternative, he submitted that at least at the rate of 15%, the interest should be awarded.
Mr. Godiawala made available the figures of the interest if calculated @ 10%, 12%, 15% and 21%. Taking into consideration the fact that the amount was deposited on 11.11.2011, the liability of paying interest comes to an end and it was the duty of the present respondent - original petitioner to get an appropriate order to get that amount deposited in an interest earning deposit.
In view of that, no further orders are required to be passed. Registry is directed to pay this amount to the present respondent -original petitioner by an account payee cheque as early as possible, but not later than 3.10.2012. Now, that the amount of the original petitioner - respondent herein stands paid, nothing further survives. Hence, this appeal is allowed and petition (Company Petition No. 158 of 2008) stands disposed of.