CHANDRAKANT LALJIBHAI Vs. GENERAL PROJECT MANAGER

JUDGEMENT

(1.) Rule. Mr. Valmik Vyas, learned advocate and Mr. Janak Raval, learned AGP waive service of notice of Rule on behalf of opponent Nos. 1 and 2 respectively. By consent Rule is fixed forthwith.

(2.) The applicant - original respondent in First Appeal No. 3716 of 2009 has taken out this application for seeking appropriate direction with regard to withdrawal of the amount deposited by opponent no. 1 in compliance with order dated 22.9.2009 passed by this Court while admitting the Appeal. The grounds for seeking withdrawal are mentioned in the memo of application mainly revolving around the economic condition of applicant - original respondent.

(3.) Shri Valmik Vyas, learned advocate for Shri Mehta, learned advocate for the Opponent no. 1 has submitted that allowing of application in its totality would render the appeal itself infructuous as even if at the end of hearing of the main matter and in the event the appellant succeeded in the appeal, it would not be possible to recover in any manner. He however, submitted that the Division Bench of this Court in Misc. Civil Application - For Orders Nos. 565 of 2010 in Civil Application No. 13737 of 2008 with Misc. Civil Application No. 566 of 2010 I Civil Application No. 13738 of 2010 to Misc. Civil Application No. 570 of 2010 in Civil Application No. 13742 of 2008 has permitted 50% of the original amount deposited to be withdrawn and therefore, urged the Court not to allow the application in its entirety but pass appropriate order so as to take care of dire requirement of the applicant.