1. RULE.
Mr. Subhash G. Barot, learned advocate states that he has instructions to appear on behalf of the opponents - original respondents. Mr. Barot undertakes to file Vakalatnama for and on behalf of the opponents and waives service of rule for the opponents.
2. At the request of party in person-Mr. Pragjibhai N. Vekaria, the husband as well as the power of attorney of the applicant who is present in the Court and Mr. Subhash G. Barot, learned advocate for the opponents, this application is taken up for final hearing today.
3. Mr.
Barot, on instructions of Mr. Suresh Patel, Senior Officer of opponent No.1 Bank states that the opponents have no objection if the applicant - original petitioner is permitted to withdraw a sum of Rs.5,783/- deposited by the applicant - original petitioner as per the order passed by this Court in the main matter i.e. Special Civil Application No.6040 of 1999. It transpires from the record that as per the earlier order passed by this Court, the petitioner - Smt. Harshaben Pragajibhai Vekaria has deposited a sum of Rs.5,783/- on 15.9.1999 for which a receipt has been issued being receipt no.437 dated 15.9.1999 at Annexure-I to this application.
4. Considering the facts stated in the petition and more particularly the fact that the main matter being Special Civil Application No.6040 of 1999 was withdrawn vide order dated 20.8.2008, as the petitioner as well as the respondent Bank has settled the dispute outside the Court, the applicant is entitled to receive back the amount of deposit made.
5. Accordingly, registry is directed to repay the deposit amount of Rs.5,783/- deposited pursuant to the order passed by this Court in Special Civil Application No.6040 of 1999 in the name of Smt. Harshaben P. Vekaria by a crossed account payee cheque, after due verification including the verification of the identity of the power of attorney-Mr. Pragjibhai N. Vekaria, who according to the statement made in the petition, is the husband of the applicant. The applicant shall also provide proof of permanent address to the registry. Registry shall also send an intimation of the cheque having been handed over to the power of attorney-Mr. Pragjibhai N. Vekaria by RPAD to the applicant-Smt. Harshaben Pragjibhai Vekaria.
6. With the above observations, the application stands allowed. Rule is made absolute to the aforesaid extent.
[R.M.CHHAYA, J.] mrpandya Top