Heard learned advocate for the parties, Rule. Learned advocate Mr. Kariel waives service of notice of Rule for respondent.
Learned advocate Mr. Hardik Dave under instruction states that the calculating arrears of maintenance awarded by the Trial Court as on today Rs. 8,00,000/- remains payable to the respondent. Under instruction, he states that the petitioner shall deposit Rs. 2,00,000/- towards the said amount on or before 28/6/2012 in the Trial Court and shall deposit the remaining amount of maintenance on or before 1/1/2013 in the Trial Court.
As regards the amount of maintenance between today and December, 2012, further order shall be passed after the amount as indicated above is deposited. As regards the amount of Rs. 2,00,000/-, respondent is at liberty to withdraw the amount of Rs. 2,00,000/- from the Court when deposited. As regards the remaining amount of Rs. 6,00,000/-, the respondent is at liberty to move this Court for appropriate orders of withdrawal and the Court shall decide the same in accordance with law. It is made clear that this order of deposit and withdrawal of amount is passed subject to result of this revision application and without prejudice to the rights and contentions of both the parties.
With consent of learned advocate for the parties, stand over to 28/12/2012.
In the meanwhile, the execution proceeding filed before the Trial Court shall remain stayed. Both the parties are at liberty to move the Court earlier in case of necessity. Direct service is permitted.
(BANKIM.N.MEHTA, J) *asma Top