1. The present Civil Revision Application under Section 115 of the Code of Civil Procedure has been preferred by the applicant-original plaintiff to quash and set aside the impugned order dated 29/02/2012 passed by the learned Auxiliary Chamber Judge of the City Civil and Sessions Court at Ahmedabad below Chamber Summons, Exhs. 32 and 33 in Summary Suit No. 1806/2009.
2. The applicant-original plaintiff instituted Summary Suit No. 1806/2009 against the original defendant in the City Civil Court at Ahmedabad for recovery of Rs. 3,42,84,778/- with interest at the rate of 18% per annum. In the said Summary Suit respondents-original defendants submitted leave to defend application and the learned trial Court vide order dated 25/02/2010 granted unconditional leave to the respondents- original defendants to defend the suit. Being aggrieved and dissatisfied with the order passed by the learned trial Court dated 25/02/2010 below Summons for judgment and leave to defend application in Summary Suit No. 1806/2006 the applicant-original plaintiff preferred Civil Revision Application No. 42/2010 before this Court and this Court with the consent of the learned advocates appearing on behalf of the respective parties, dismissed the aforesaid Civil Revision Application and/or partly allowed the Civil Revision Application by modifying the order passed by the learned trial Court granting unconditional leave to the respondents-original defendants to defend the aforesaid suit by modifying to the extent that on furnishing security for an amount of Rs. 1.40 Crores to the satisfaction of the learned trial Court having marketable and unencumbered property there shall be leave to defend in favour of the respondents-original defendants in Summary Suit No. 1806/2006. It appears that thereafter the respondents- original defendants have furnished the security, which according to the applicant-original plaintiff is not sufficient and/or having marketable title. It appears that the respondents-original defendants have given the security/additional security of the lands bearing Survey Nos. 692/1, 692/2 and 694/1 situated at village Kolat, Taluka Sanad and vide the impugned order dated 29/02/2012 below Exhs. 32 and 33 the learned trial Court has accepted the security furnished by the respondents-original defendants expressing the satisfaction about the same. Hence, being aggrieved and dissatisfied with the impugned order, the applicant-original plaintiff has preferred the present Civil Revision Application.
3. Heard Shri Mihir Joshi, learned Senior advocate appearing with Shri R.D. Dave, learned advocate appearing on behalf of the applicant and Shri V.M. Pancholi, learned advocate appearing on behalf of the respondents-original defendants. It is not in dispute that in compliance with the order passed by this Court, respondents-original defendants have furnished the security of the lands bearing Survey Nos. 692/1, 692/2 and 694/1 situated at village Kolat, Taluka Sanad, District Ahmedabad of the value for which the security is to be furnished. However, according to the applicant-original plaintiff, the same is not sufficient and/or the same cannot be accepted as security as for the aforesaid lands, notice has been issued to the DDO for resumption of the aforesaid lands. However, there is no serious dispute raised for valuation of the aforesaid lands, more particularly, valuation done by GITCO. It is also not in dispute that notice has been issued by the DDO and the same is yet to be adjudicated and as such no order of resumption has been passed and, therefore, the apprehension on behalf of the applicant-original plaintiff can be taken care of by directing the respondents-original defendants to inform the applicant-original plaintiff and the concerned Court immediately within the period of 10 days, if any adverse order is passed against the respondents-original defendants with respect to the aforesaid lands and the respondents-original defendants can be directed to furnish fresh security of the like amount to the satisfaction of the learned trial Court within a period of ten days thereafter.
4. Shri V.M. Pancholi, learned advocate appearing on behalf of the respondents-original defendants has also stated at the bar that as such the respondents-original defendants are ready and willing to put flat no. 2, situated at ground floor admeasuring 116.05 sq meters in the building known as Arpan Apartment, Navrangpura, Ahmedabad as well as flat no. 6 situated at second floor admeasuring 90 sq yards in the building known as Malti Apartment, Memnagar, Ahmedabad as additional security over and above the aforesaid lands. It is submitted that the respondents-original defendants shall file an undertaking before this Court that the aforesaid two flats shall be put as additional security and in case any adverse order is passed against the respondents-original defendants with respect to the aforesaid lands, he will immediately inform the applicant-original plaintiff as well as the concerned Court and shall furnish security of the like amount within a period of ten days from the date of the order. It is submitted by Shri Pancholi, learned advocate appearing on behalf of the respondents-original defendants that the respondents-original defendants shall also see to it that an affidavit is filed by Darshnaben Patel, sister of Avniben Patel, from whom the present owner has purchased flat no. 2, that she does not claim any right, title or interest in flat no. 2 and as and when the share certificate is issued in the name of Avniben Patel the same shall be produced before the learned trial Court. It is further stated that respondent no. 1 will see to it that the concerned owner of flat no. 2 as well as flat no. 6 shall filed an undertaking that during pendency of the suit they shall not transfer, alienate and/or create any charge over the flats. It is submitted that the aforesaid undertaking shall be filed within a period of ten days from today.
5. Considering the above stand taken by the learned advocate appearing on behalf of the respondents-original defendants recorded hereinabove, it appears to the Court that if the following order is passed it will meet the ends of justice:
(i) that the security furnished by the respondents-original defendants with respect to the lands bearing Survey Nos. 692/1, 692/2 and 694/1 situated at village Kolat, Taluka Sanand, District Ahmedbad be continued subject to the outcome of the notice issued by the DDO, Ahmedabad. It is further observed and directed that in case any adverse order is passed in the aforesaid proceedings against the respondents-original defendants and the aforesaid lands are ordered to be resumed by appropriate authority, respondents-original defendants shall inform the applicant as well as the concerned Court about the said order and furnish fresh security within a period of ten days from such an order of the like amount.
(ii) that over and above the aforesaid lands bearing Survey Nos. 692/1, 692/2 and 694/1 situated at village Kolat, Taluka Sanand, District Ahmedbad, as agreed, the respondents-original defendants shall put flat no. 2, situated at ground floor admeasuring 116.05 sq meters in the building known as Arpan Apartment, Navrangpura, Ahmedabad as well as Flat No. 6 situated at second floor admeasuring 90 sq yards in the building known as Malti Apartment, Memnagar, Ahmedabad as additional security before the learned trial Court alongwith necessary undertaking on affidavit of the owners of the aforesaid two flats as stated hereinabove by Shri Pancholi, learned advocate appearing on behalf of the respondents-original defendants. Such an undertaking by the owners of the aforesaid two flats shall be filed within a period of ten days from today before this Court as well as before the learned trial Court.
6. With this, the present Civil Revision Application is disposed of.
(M.R. SHAH, J.) siji