Bombay High CourtCAW/2788/2019admittedallwdgrantedrule absolute

Agrawal Renewable Energy Pvt. Ltd v. Joint District Registrar Cum Stamp Collector , Yavatmal

2019-11-27Hon'Ble Shri Justice Z.A. Haq2 pages

1 caw2788.19

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

NAGPUR BENCH : NAGPUR CIVIL APPLICATION (CAW) NO.2788 OF 2019 IN WRIT PETITION NO.6240 OF 2019 (AGRAWAL RENEWABLE ENERGY PRIVATE LTD....VS.. JOINT DISTRICT REGISTRAR CUM STAMP COLLECTOR) - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Office Notes, Office Memoranda of Coram, Court'

s or Judge'

s orders appearances, Court'

s orders of directions and Registrar'

s orders - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Shri A.S.Mehadia, Advocate for Petitioner.

Shri S.J.Kadu, A.G.P. for Respondent.

CORAM : Z.A.HAQ, J.

DATED : NOVEMBER 27, 2019.

Heard.

By this application, the petitioner has prayed for modification of the interim order passed on 13th September 2019. The petitioner has prayed that he be permitted to furnish bank guarantee for an amount of Rs.8,00,000/-, instead of furnishing solvent surety/security for the amount of Rs.8,00,000/-, as directed by the order dated 13th September 2019. It is further stated that the petitioner will file an affidavit within three weeks giving undertaking that the bank guarantee would be kept alive until further orders are passed by this Court regarding it.

Accepting the above submission, the interim order passed on 13th September 2019 is modified as follows: "It is directed that there shall be interim order in terms of prayer clause (c), until further orders, however, on condition that the petitioner shall deposit Rs.2,52,624/- with

2 caw2788.19 the respondent till 27/09/2019 and in addition the petitioner shall furnish bank guarantee for an amount of Rs.8,00,000/- to the satisfaction of the Registrar (Judicial) of this Court. If the bank guarantee is not furnished within three weeks and the affidavit as stated earlier is not filed by the petitioner within three weeks, the interim order shall cease to operate from 19/12/2019."

The Civil Application is allowed in the above terms.

JUDGE RRaut..