Heard learned advocates, Mr.Mehul S.Shah for the appellant and Mr.M.A.Kharadi for the respondent.
It is submitted by learned advocate,Mr.Mahul Shah that the present applicant was directed by the learned 2nd Addl. Senior Civil Judge, Dahod, below injunction application Ex.5 in Special Civil Suit No.30 of 2010 to deposit an amount of Rs.12.00 lakhs with the trial Court. It is further submitted that now he is only requesting for investing the said amount in a fixed deposit with any nationalized bank in the name of Nazir of the Civil Court.
It is submitted by learned advocate, Mr.Kharadi that he has no objection for investing the amount of Rs.12.00 lakhs in the name of Nazir of Civil Court, if it is deposited by the present applicant.
In view of the above, this Appeal From Order is allowed in Part. Amount of Rs.12.00 lakhs (Rupees Twelve Lakhs only) deposited by the appellant is ordered to be invested in any nationalized bank in the name of the Nazir of the trial court initially for a period of three years. Order passed by the trial court regarding disbursing of interest is modified and it is ordered that the appellant is entitled to get periodical interest accruing on the said investment. The impugned order passed by the trial court is modified only to the aforesaid extent. Remaining part of the order would remain unaltered. Appeal From Order is accordingly disposed of.
In view of the disposal of appeal, Civil Application also stands disposed of. Notice is discharged.
Trial court is directed to dispose of suit as early as possible.
[M.D.SHAH,J.] radhan Top