1. Heard Ms.Archana Acharya, learned counsel for the petitioner and Mr.Bhavesh Choksi for the Nanavati Associates for the respondent.
On 01.05.2012, this Court has passed the following order:-
1. As observed in earlier order dated 24.4.2012 an attempt has been made to find out amicable solution in the matter. Ms. Acharya, learned Counsel for the petitioner states that two cheques aggregating to Rs.25,000/- have been honoured.
2. Mr.
Bhavesh Choksi, learned Advocate for Nanavati Associates makes a statement, on instructions, that the remaining amount due to the petitioner shall be paid in equal instalment of Rs.15,000/- p.m. This Court is of the opinion that instead of relying upon earlier statement made on instructions, the respondent is directed to file such undertaking. The authorized person of the respondent Company shall file the undertaking as per the statement made by Mr. Choksi by tomorrow i.e. 02.05.2012. S.O. To 03.05.2012.
2. Pursuant to the aforesaid order, Mr.Dhiren Thakkar on behalf of the respondent company has filed undertaking dated 12.06.2012 wherein in para-2 & 3 it is stated as under:-
2. I state that I have been informed by the petitioner that as on date and after crediting the amounts paid by the respondent in past as well as Rs.25,000/- paid by the respondent in May, 2012, the outstanding amount to be paid by the respondent to the petitioner is Rs.1,22,086/-. I propose to pay the said amount in 8 installments as follows.
Rs.15,000/-
by cheque dated 20.06.2012 Rs.15,000/- by cheque dated 20.07.2012 Rs.15,000/- by cheque dated 20.08.2012 Rs.15,000/- by cheque dated 20.09.2012 Rs.15,000/-
by cheque dated 20.10.2012 Rs.15,000/- by cheque dated 20.11.2012 Rs.15,000/- by cheque dated 20.12.2012 Rs.17,086/- by cheque dated 20.01.2013
3. I further undertake that all the respective cheques will be handed over by the respondent to the petitioner a week before the respective dates mentioned above. I also assure that all the said cheques, when presented, will be honoured. The said amount is paid by the respondent in order to put an end to the present proceedings.
Today, when the matter is taken up for final hearing again, it is found that the undertaking filed before this Court is not complied. Mr.Bhavesh Choksi, learned counsel for the respondent further submits that one more chance may be given. As last chance, S.O to 08.01.2013.
4. It would be open for the respondent company to make payment as per the undertaking dated 12.06.2012 before the returnable date.
In the facts and circumstances, Mr.Dhiren Thakkar, shall personally remain present before this Court on 08.01.2013.
(R.M.CHHAYA, J.) Suchit Page 3 of 3