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GUJARAT HIGH COURT
J.R.VORA, J
PUNJAB NATIONAL BANK – Appellant
Versus
AC COTTON TRADING CO. – Respondent
CIVIL REVISION APPLICATION No 1377 and 1378 of 2001



Advocates:
For the Appellants/Petitioners: MR AC GANDHI, MR AV TRIVEDI
For the Respondents: MR AJ PATEL

Modification of deposit requirements in civil proceedings.

Headnote:The Punjab National Bank challenged the trial court's directive to deposit the full amount of a suit claim as a condition to defend. The court modified this, allowing a 50% deposit instead and required the trial court to expedite the resolution of the case. The ruling: 'Rule is made absolute to the above extent.'

JUDGEMENT

#. Rule in CRA No.1377/2001. Rule waived by Mr.A.J.Patel for respondent No.1 and learned advocate Mr.A.V.Trivedi for respondent No.2. #. Rule in CRA No.1378/2001. Rule waived by Mr.A.V.Patel for opponent No.1 and learned advocate Mr.A.C.Gandhi for opponent No.2. #. Both the matters were heard finally and after hearing advocates of both the side the order which is impugned is modified to the extent that Punjab National Bank, Chandni Chowk Branch, Delhi, shall deposit 50% of amount of suit claim instead of full amount of suit claim as directed by the trial Court as a condition to leave to defend the suit to both the defendants. Punjab National Bank, Chandni Chowk Branch, Delhi, shall deposit the above said amount within 15 days from today and without prejudice to the rights and disputes which may be agitated in the above said Special Summary Suit No.164/2001. #. The trial Court is further directed to dispose of Special Summary Suit No.164/2001 on or before 31.12.2001 without fail. Parties to the suit through their advocates make statement to cooperate with the trial Court for such expeditious disposal of Summary Suit No.164/2001. #. With the above order these Revision Applications No.1377/2001 and 1378/2001 are disposed of with no order as to costs. Rule is made absolute to the above extent. The trial Court is directed to report the compliance of this order to this High Court. D.S. is permitted. ( J. R. VORA, J. ) kks

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