(Per : HONOURABLE MR.JUSTICE JAYANT PATEL)
1). Draft amendment is granted.
2) The present application is filed by the applicants, seeking directions against the opponent No.1 to redeposit an amount of Rs.1,00,00,000/- with interest as per the amended clause.
3) We have heard Mr. Vakil, learned counsel for Mr. Hamesh C. Naidu, learned counsel for the applicants an Mr. Harnish V. Darji, learned counsel appearing on advance copy for the respondent.
4) It appears that, this Court, on 25.6.2010, had already permitted withdrawal on furnishing solvent security before the trial court. It also appears that thereafter, the solvent security was furnished by the Mamlatdar and the same is accepted by the trial court and the withdrawal was permitted. If the applicants have any grievance that the solvency furnished before the trail court was not genuine or otherwise, it will be for the applicant to move the trial court for such purpose, but the directions cannot be given in the present proceeding at this stage for redeposit of the amount.
5) Subject to the aforesaid observations, the present application is not entertained and is disposed of accordingly.
(JAYANT PATEL,J.) (C.L.SONI,J.) Vahid Top