(Per : HONOURABLE MR.JUSTICE JAYANT PATEL) Upon hearing Mr.Panesar for the applicant and Mr.Bharat Jani for the opponent, it appears that pursuant to the earlier order passed by this Court dated 13.06.2012, the amount of Rs.1,98,82,237/- has already been deposited by the respondent Bank.
It was submitted by Mr.Panesar for the applicant that the amount may be permitted to be withdrawn.
Whereas Mr.Jani for the opponent submitted that as the Presiding Chairperson of DRAT was sick and was not available, appropriate orders could not be obtained. He submitted that some time may be given to enable the opponent to get appropriate orders from the DRAT.
It is hardly required to be stated that in absence of any stay order of the higher forum known to law, the order is required to be complied with. Further, if the Presiding Chairperson is on leave due to unavoidable circumstances, the charge may be with other judicial officer. It will be for the opponent to move the Chairperson of the DRAT in-charge for appropriate orders.
Hence, the opponent shall move DRAT for appropriate orders on or before 09.07.2012 and it is also observed that the aspect as to whether the stay is granted or not against the order of DRT may be clarified by the DRAT for further consideration of the matter by this Court in the jurisdiction under the Contempt of Court Act. At the same time since there may be loss of interest, the amount of Rs.1,98,82,237/- be invested by the Registrar with the SBI, High Court branch for a period of 91 days with the clause that the FDR shall be encashable at any time, if it is so ordered by this court.
S.O.
to 10.07.2012 for further consideration.
(JAYANT PATEL, J.) (C.L.
SONI, J.) *bjoy Top