IN THE HIGH COURT OF GUJARAT AT AHMEDABAD R/SPECIAL CIVIL APPLICATION NO. 3626 of 2024 ==========================================================

RAJENDRA SALES AGENCY Versus M/S SHORYA ENTERPRISE ==========================================================

Appearance:

MR DEVARSHI C SHAH(5545) for the Petitioner(s) No. 1 MR. ALKESH N SHAH(3749) for the Petitioner(s) No. 1 for the Respondent(s) No. 1 ==========================================================

CORAM:HONOURABLE MR. JUSTICE SANDEEP N. BHATT Date : 06/03/2024

ORAL ORDER

1. Heard Mr. Devarshi Shah, the learned advocate for the petitioner.

2. The impugned order, which is challenged by way of this petition, is for granting of the application for summons of the judgment in the summary suit by imposing condition to deposit 50% of the amount of the plaint. The impugned order is passed on 09.06.2023.

3. Mr. Devarshi Shah, the learned advocate for the petitioner, upon instructions submits that no further order is passed by the trial court after passing the impugned order on 09.06.2023 though the direction is given by the learned trail court to deposit to the tune of 50% within one month from the date of the impugned order. This is very surprise to know. However, with a view to test the bonafide of the petitioner, the petitioner is directed to deposit 25% of the suit amount within four weeks from today i.e. Rs.6,75,000-

before the concerned trial court.

4. As submitted by the petitioner, if any further consequential order is not passed in the impugned order, then in that case, by way of ad-interim relief, the operation of impugned order dated 09.06.2023 is stayed till the next date of hearing. This order is passed as ad-interim relief without being prejudice to the rights and contentions of the parties and with a view to testing the bonifades of the present petitioner.

5. It is directed to deposit Rs.6,75,000/-, which is given after considering the submission made by learned advocate for the petitioner, which is made under the instruction that he is ready to deposit the aforesaid amount within four weeks.

6. The concerned trial court shall also send the detailed report by explaining that why further consequential order is not passed in the matter after 09.06.2023, even though no prohibitory order is passed against impugned order till date?

Issue Notice, making it returnable on 05.04.2024.

Direct service is permitted.

(SANDEEP N. BHATT,J)

DIWAKAR SHUKLA