1. It is informed that learned advocate for the applicant has filed leave note. However, since the order which is proposed to be passed in this application will not adversely affect the interest of the applicant, the application is taken up for hearing and for making appropriate order.
2. Having regard to the facts and circumstances of the case, Rule. Mr. Pandya, learned advocate waives service of Notice of Rule on behalf of the opponent.
3. Heard Mr. Pandya, learned advocate for opponent and Mr. Trivedi, learned advocate for Mr. A.J. Yagnik, learned advocate for the applicant.
4. On earlier occasion this Court passed order dated 8.8.2011 in Company Petition No.51 of 2010 under which certain directions have been passed against present applicant, which inter alia, required present applicant to pay / deposit the amount mentioned in the order within time specified in the order.
5. Now for the reasons mentioned in present application, the applicant has taken out present application seeking below mentioned relief:-
"6(A) to modify the order dated 8.8.2011 and grant time of one week to deposit the amount of Rs.2,11,000/- before the Registry / Nazar of this Hon'ble High Court."
6. Mr. Pandya, learned advocate for opponent has submitted that his client does not have any objection if the relief as prayed for is granted.
7. Under the circumstances having regard to the averments made in the application and submissions made by the learned advocate, the request as prayed for is granted and the applicant is granted further time until 9.3.2012 to deposit a sum of Rs.2,11,000/- in the Registry of this Court.
8. Accordingly the application is allowed to the aforesaid extent. Rule is made absolute to the said extent.
(K.M.THAKER,J.) Suresh* Top