1. Draft amendment granted. Amendment to be carried out forthwith. Notice to the respondents returnable on 23.07.2012. Admittedly, the undertaking is filed by the petitioner to pay the entire amount as directed by the Board of Nominees, Ahmedabad.
2. The petitioner has challenged interim order dated 09.05.2012 by filing LPA No.864/2012 in which the Division Bench has passed the following order:
"1. This appeal is filed against the interim order of the Learned Single Judge, dated 15.06.2012, passed in Special Civil Application No.6917 of 2012, which reads as under:
"1. This Court on 09.05.2012 had passed the following order :-
"When it was put before learned advocate for the petitioner that the petition can be entertained only when the petitioner deposits the entire outstanding amount which will be governed by order that may be passed by the Tribunal and until the amount outstanding is deposited, the petition, which challenges the order dated 20/04/2012 passed by the learned Tribunal in Miscellaneous Application No.322 of 2007 seeking condonation of delay of almost three years, cannot be entertained, learned advocate for the petitioner has requested for some time to take instruction from the petitioner. Hence, S. O. to 15/06/2012."
2. Ms.
Acharya, learned counsel for the petitioner requests for time to enable her to take necessary instructions in the matter. S.O. to 26.06.2012."
2. The learned single Judge has adjourned the main matter for further hearing to tomorrow i.e. 26TH JUNE, 2012.
3. In our view such an appeal cannot be entertained, at this stage, when the main matter is still pending before the learned Single Judge and final order is, yet, to be passed, therein. However, it is open to the appellant to approach the learned Single Judge and request, by way of an UNDERTAKING, that he shall pay-up the entire due amount within a period of ONE MONTH, from the date of filing of such an undertaking, and if such a request is made to the learned Single Judge, he may consider the same in accordance with law. This appeal is DISMISSED in the above terms.
4. Since, appeal is dismissed, civil application shall not survive and it also stands DISPOSED OF, accordingly."
3. In that view of the matter, draft amendment is granted. In view of the undertaking, the respondent Bank is directed not to finalize bid pursuant to the advertisement dated 31st May, 2012 at Annexure:D to the draft amendment.
4. It is also clarified that the possession of the petitioner will not be disturbed, if it is not disturbed so far.
5. Direct service is permitted today.
[K S JHAVERI, J] Ankit* Top