(Per : HONOURABLE MS. JUSTICE R.M.DOSHIT) By our order dated 24th June 2009 (Coram: Ms.R.M.Doshit and Sharad D.Dave, JJ.) made on the Note filed by the respondent herein, we had directed ...The sum of Rs.5 lakhs deposited in the Registry on 11th June 2008 be remitted to the plaintiff in Admiralty Suit No.5 of 2008 Minermet SPA with interest earned on the said sum of Rs.5 lakhs, if any. Since then, the appellant-plaintiff has filed another Note dated 7th September 2009 seeking refund of the aforesaid sum of Rs.5 lakhs in the name of one Raju Desai, the constituted attorney of the plaintiff Minermet SPA.
Learned advocate Ms.Sheth has submitted that the plaintiff-Minermet SPA is a foreigner. It is unable to receive refund in the Indian rupees. The plaintiff has, therefore, given a power of attorney to the aforesaid Raju Desai to receive the amount of refund. She has placed before us copy of the Note dated 7th September 2009 and a copy of the power of attorney. We have noticed that the power of attorney is not stamped. Ms.Sheth undertakes that the power of attorney will be duly stamped here and will be placed on the record.
17/02/2010 Ms.Sheth places on record the power of Attorney duly stamped at Ahmedabad. The power of Attorney is taken on record and will be maintained on record.
In above view of the matter, the Note is accepted. The registry is directed to remit the aforesaid sum of Rs.5 lakhs and the interest earned, if any, to the aforesaid Shri Raju Desai, having his office at C-7, Ushma Flats, Navrangpura, Ahmedabad, on behalf of the plaintiff Minermet SPA.