(Per : HONOURABLE MR.JUSTICE P.B.MAJMUDAR)
1. Since, the appeal is already admitted, the impugned order passed by the learned Single Judge is STAYED pending the appeal, as, according to the learned AGP for the applicants, the learned Single Judge could not have given impugned directions in the order under challenge, since, the damages are required to be ascertained in an appropriate proceedings, where the parties are required to lead evidence.
2. Mr.
Darji, learned Counsel for the respondent, at this stage, has requested that the applicants be directed to refund the amount deposited by him towards security deposit. The request of Mr. Darji appears to be reasonable. Hence, the applicants are directed to REFUND the amount deposited by the respondent towards security deposit, within a period of FOUR WEEKS from today, without prejudice to the rights and contentions of the parties. It is, however, clarified that the aforesaid refund of deposit shall be subject to the out come of the appeal. This application is DISPOSED OF in the above terms.
(P.B.
MAJMUDAR, J.) (MOHINDER PAL, J.) Umesh/ Top