Heard learned Counsels for the parties.
An undertaking dated 02.11.2012 has been filed by Mr. Bhadresh Desai, Son of late deceased Mr. Kanubhai Desai and is ordered to be taken on record.
As per the above Undertaking, the petitioner has undertaken to pay the balance decretal amount with 9% interest in 12 monthly instalments from the date of passing of the order by this Court, in addition to the amount of Rs.5,00,000/= already deposited earlier. Paragraph 2 of the Undertaking is reproduced as under :-
"2) I do hereby undertake that I will pay the remaining amount payable under the ex parte judgment and decree dated 28-5-2001 passed by the Learned Civil Judge (S.D.), Bharuch in Special Civil Suit No.168 of 1997 at the rate of 9% from 28-5-2001 in 12 monthly installments from the date of passing of the order by this Hon'ble Court towards full and final settlement of the amount payable under the said judgment and decree."
However, learned Counsel Mr. S.P. Hasurkar would like to argue the case on merits. Meanwhile, ad-interim relief granted by order dated 20.01.2012 to continue till further orders.
The matter be listed on 4th December, 2012.
Sd/-
(Anant S. Dave, J.) Caroline