1. Rule.
Mr.M.S.Shah, learned advocate waives service of notice of Rule on behalf of Opponent No.1 and Mr.K.V.Shelat, learned advocate waives service of notice of Rule on behalf of Opponent Nos.2 and 3.
2. The present Civil Revision Application u/s.115 of the Code of Civil Procedure has been preferred by the applicants herein - original defendant Nos.1 & 2 to quash and set aside the impugned order dated 06/02/1997 passed by learned Chamber Judge of City Civil Court, Ahmedabad in Summary Suit No.3248 of 1995 in Summons for judgement granting conditional leave to defend the suit to the applicants herein - original defendants.
3. It appears that respondents herein - original plaintiffs have instituted Summary Suit No.3248 of 1995 against the applicants herein
- original defendants for recovery of Rs.19,16,070/- with interest thereon at the rate of 21% per annum. It appears that in the said suit, original plaintiffs took out the Summons for judgement and applicants also submitted application for leave to defend and by impugned order, learned Chamber Judge has granted conditional leave to defend to the applicants herein - original defendants on condition to deposit Rs.12 Lacs.
Being aggrieved by and dissatisfied with the impugned order of granting conditional leave to defend to the applicants herein - original defendants, the applicants herein - original defendants have preferred the present Civil Revision Application. It is to be noted that the order passed by learned Trial Court granting conditional leave to defend, is stayed by this Court on condition that bank guarantee of Rs.12 Lacs be kept alive.
4. Today when the present Civil Revision Application is taken up for final hearing, there is broad consensus between the learned advocates appearing on behalf of the respective parties that ad-interim relief/ interim relief granted earlier be continued till final disposal of the Suit meaning thereby bank guarantee of Rs.12 Lacs already furnished be kept alive till final disposal of the Suit and learned Trial Court be directed to finally decide and dispose of the Suit in accordance with law and on merits at the earliest as the Suit is of the year 1995.
5. Learned advocates appearing on behalf of the respective parties do not invite any further reasoned order while modifying the impugned order passed by learned Chamber Judge of the City Civil Court, Ahmedabad.
6. In view of the above, the impugned order dated 06/02/1997 passed by learned Chamber Judge of City Civil Court, Ahmedabad in Summary Suit No.3248 of 1995 granting conditional leave to the applicants herein
- original defendants to defend the Suit is hereby modified to the extent that the bank guarantee, which is already furnished by the applicants herein - original defendants to the tune of Rs.12 Lacs be kept alive and continued till final disposal of the Suit.
In the facts and circumstances of the case and considering the fact that the main Suit is of the year 1995, learned Principal City Civil Judge, Ahmedabad is hereby directed to see that Summary Suit No.3248 of 1995 is finally decided and disposed of by the concerned Court in accordance with law and on merits, at the earliest and preferably on or before 31/12/2013. Rule is made absolute to the aforesaid extent.
[M.R.SHAH,J] *dipti Top