This application is filed to modify the order dated 28.01.2010 passed in the above Special Civil Application r/w. the order dated 10.01.2011 passed in Civil Application-for interim relief no. 17080/2010 filed in the above SCA so as to allow the applicants to had over possession of the secured asset situated at 'Matruchhaya' , Plot No. 8-B, Shrenathjii Society, Amin Road, Rajkot sold to Jitenrabhai H. Nandani, Hetal J. Nandani, Ravi Nandani and Smt. Shital R. Nandani in the public auction held on 17.09.2011 under the provisions of Secularization Act and to issue a sale certificate as prescribed under the Security Interest (Enforcement) Rules, 2002.
2. The son of Shri Manonjbhai Bhurabhai Tanti, respondent no.3 is present. Shri Manojbhai Bhurabhai Tanti, has signed and given the letter of undertaking through his son that Rs. 90,00,000/-will be deposited before the bank 0n or before 06.07.2012 and remaining amount of Rs.90,00,000/-to be paid by way of Demand Draft on or before 06.08.2012.
(2) Mr.
Tolia, learned advocate appearing for the new purchaser Jitendrabhai.H Nandani is agreeable to the said amount. The bank has received the amount and the whole litigation and the proceedings have come to an end. The undertaking to be filed within a week from today. The matter adjourned to 17.08.2012. If undertaking is filed within a week and amount of Rs.90,00,000/-is deposited before the on or before 06.07.2012 and remaining amount of Rs.90,00,000/-is deposited by way of Demand Draft on or before 06.08.2012, it will be open for either side to move for early hearing of this petition.
(3) It is made clear that as per the calculation, the new purchaser is entitled to pay the following amount:-
Rs.
1,63,00,000/-
Rs.
14,79,057/- Interest for 163 lacs.
Rs.
90,000/- Interest for 90 lacs.
Rs. 1,78,69057/- Total Thus, in view of the above calculation, the new purchaser is entitled to pay Rs. 1,78,69057/-in all, which is rounded off to 1,80,00,000/-.
(4) With the aforesaid observations and directions, the present Civil application stands disposed of.
[K.S.JHAVERI, J] sid// Top