(Per : HONOURABLE THE ACTING CHIEF JUSTICE MR.BHASKAR BHATTACHARYA) This is an application for modification of our order dated November 28, 2011 by which we, while disposing of Civil Application No. 12207 of 2011, permitted the applicant, respondent No.1 in the Civil Application, to withdraw a sum of Rs.5,00,000/- from the amount deposited by the appellant on condition that she would give security by way of immovable property to the satisfaction of the Tribunal below to the extent of Rs.5,00,000/-.
Learned advocate for the applicant submitted that the applicant may be permitted to withdraw the sum of Rs.5,00,000/- on condition that a third-party, on her behalf would give such security to the extent of Rs.5,00,000/- by way of mortgaging immovable property.
After hearing the learned counsel for the parties, we find that the above proposal is quite reasonable. If a third party, on behalf of the applicant-respondent No.1 voluntarily gives security by mortgaging his/her individual property, the object of our order of giving security will, in no way, be frustrated.
We, therefore, modify clause (b) of our order dated 28th November 2011 to the extent that if any third party gives security by way of mortgage of immovable property on behalf of the applicant-respondent No.1 to the extent of Rs.5,00,000/- before the Tribunal below, she would be entitled to withdraw the amount of Rs.5,00,00/- from the amount deposited by the appellant.
Our order dated November 28, 2011 is modified only to the aforesaid extent.
This application stands disposed of accordingly.
[BHASKAR BHATTACHARYA, ACTING C.J.] mathew [J.B.PARDIWALA. J.] Top