SCA/1199920/2008 1/6 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 11999 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE JAYANT PATEL ===================================================== 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ===================================================== NARESHKUMAR VISHANDAS TARANI & 2 - Petitioner(s) Versus GODHARA NAGRIK CO OP CREDIT SOCIETY LTD - Respondent(s) ===================================================== Appearance : MR PUSHPADATTA VYAS for Petitioner(s) : 1 - 3. MR MA KHARADI for Respondent(s) : 1, ===================================================== CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 01/12/2008 ORAL JUDGMENT SCA/1199920/2008 2/6 JUDGMENT 1. RULE. Mr. Kharadi, learned counsel waives notice of Rule for the respondent. With the consent of learned counsel appearing for both the sides, the matter is finally heard. 2. The petitioners by the petition, have challenged the order passed by the learned Tribunal below interim application dated 4.9.2008, whereby the operation of the order passed by the learned Nominees below application for restoration being No.29 of 2006 is stayed and the matter is ordered to be heard in normal course. 3. Heard Ms. Vyas, learned counsel for the petitioners and Mr. Kharadi, learned counsel for the respondent. 4. Upon hearing the learned counsel appearing for both the sides, it appears that the Tribunal has not properly exercised the discretion vested to it, below application for interim injunction in a matter, where it was a case for setting aside the ex parte award. I would have further recorded the reasons for SCA/1199920/2008 3/6 JUDGMENT interfering the order passed by the learned Tribunal, however, the learned counsel for both the sides have not invited reasons, since it may prejudice the case of other side in the appeal, which is pending before the learned Tribunal and the learned Tribunal has to decide all questions on merits of the case. Hence, I find proper not to record the reasons. 5. In view of the peculiar circumstances, if the order of learned Nominees is stayed in full, it may result into creating an irreversible situation. It may also be recorded that this Court on 26.9.2008 had passed following order: “1. Mr. Vyas, learned counsel for the petitioners states that if earlier amount including realization of the money from sale of the truck and the amount deposited by the petitioners are considered, the amount may be meet with the the requirements for exercise of discretion to grant stay. However, he further shows willingness to deposit Rs.55,000/- within one month. SCA/1199920/2008 4/6 JUDGMENT 2. In view of the above, Notice returnable on 15.10.2008. By interim order, it is directed that there shall be stay against the execution of the decree/award on condition that the petitioners deposit an amount of RS.25,000/- on or before 13.10.2008 and they further deposit the amount of RS.30,000/- or or before 11.11.2008, both with the respondent Bank without prejudice to the rights and contentions of the present petitioners. 3. It is made clear that upon failure on the part of the petitioners to deposit either of the amount, interim order shall automatically stand vacated. Direct service is permitted.” 6. It is an admitted position that the amount of Rs.55,000/- has been deposited by the petitioners with the respondent Bank. Therefore, in any case, the additional amount is already deposited by the petitioners. Under these circumstances, I find that if the order of the learned Tribunal is interfered SCA/1199920/2008 5/6 JUDGMENT with and the Tribunal is directed to decide the main appeal at the earliest, the same would meet with the ends of justice. 7. Hence, following order : 1. The impugned order passed by the learned Tribunal below interim application, shall stand modified to the effect that if the petitioner deposits Rs.55,000/- with the respondent, the execution of the award passed by the learned Nominees shall remain stayed pending the appeal. As the petitioner has already deposited the amount of Rs.55,000/-, no further amount will be required to be deposited by the petitioner. 2. It is further observed that the respondent herein before the learned Tribunal shall be at liberty to move an application for early hearing of the mater. If the application is made, the learned Tribunal shall make an attempt to hear at the earliest. The petitioners herein shall cooperate. The SCA/1199920/2008 6/6 JUDGMENT appeal may be heard, preferably within a period of six months from the receipt of the order of this Court. 8. The petition is partly allowed to the aforesaid extent. Rule is made absolute accordingly. No order as to costs. (JAYANT PATEL, J.) ynvyas