1. A note has been moved by the learned advocate appearing for the respondent No.1 inter alia urging to direct respondent No.2 Bank and its advocate to hand over the draft to the beneficiary M/s.Brahmani Industries Limited, in wake of the decision of the Supreme Court in Special Leave to Appeal (Civil) Nos.9459-9460/2012 arising from the judgment and order dated 1.3.2012 in Appeal from Order No.23/12 with Special Civil Application No. 290 of 2012 of this Court. It is evident from the record that the petitioner after some arguments before the Supreme Court sought permission to withdraw the said Special Leave Petition by stating that it would try to move the Hyderabad Court within the time allowed by this Court and accordingly, the said petitions were dismissed as withdrawn.
2. Learned advocate Mr. Shah urged that the suit has already been filed before the Chief Judge, City Civil Court, Hyderabad being OP No.482 of 2012, where the hearing is going on and on behalf of respondent No.1, a memo has been presented giving an undertaking not to encash Banker's Cheque in the event of the same being received by it. In the meanwhile, however, it that does not preclude the respondent No.1 from receiving the demand draft/banker's cheque lying with learned advocate of respondent No.2 Bank.
3. Learned advocate for the petitioner Mr.Navin Pahwa urges that the matter is proceeding before the Chief Judge, City Civil Court, Hyderabad on day to day basis where the respondent No.1 has sought adjournment. Therefore, a request is made not to part with the Banker's Cheque/ Demand Draft till 3.4.2012.
4. Learned Senior Advocate Mr. Prashant Desai appearing for respondent No.2 Bank has agreed to abide by the direction of this Court as the Demand Draft/Banker's Cheque continues to be with him as directed by this Court.
5. Keeping in mind the entire gamut of facts and circumstances of this case as also the fact that the matter is proceeding before City Civil Court, Hyderabad on merit, it is deemed appropriate to direct respondent No.2 bank to present the said Demand Draft/ Banker's cheque to the Court concerned on the next adjourned date and deposit/ hand over the same to the Court or to either side, subject to the direction of the learned Chief Judge, City Civil Court, Hyderabad.
With this direction, note stands disposed of.
(Ms.
Sonia Gokani, J. ) sudhir Top