VIRENDRA LALBHAI JAIN Vs. MANILAL AMBELAL BHAVSAR

JUDGEMENT

(1.) At the request of the learned Advocates, the matter is taken up for consideration. This Court has recorded that in the present case an amount of Rs. 90,00,000/- (approximately) was deposited by way of Demand Draft pursuant to order dated 11th May, 2007, on 19th August, 2007. This Court is informed that the amount is lying since then in the Court without being deposited which has caused substantial loss of interest on such a huge amount.

(2.) The Court below is directed to deposit that amount (if not already deposited) with a Nationalized Bank for a minimum term earning maximum interest. After the matter is heard, there is a consensus between the parties that the interest of justice will stand served if the Court below is directed to give priority for hearing of the suit being Special Civil Suit No. 21 of 2007 and to decide the same as expeditiously as possible. The Court below is directed to give priority of hearing to the suit and decide the same as expeditiously as possible, that is to say on or before 12th July, 2010. This direction is given in view of the fact that it is informed to this Court that the matter is lying only at the stage of recording of the evidence of defendant. This direction is given on an assurance given by the learned Advocates for the parties that they will impress upon their counter part that full cooperation be extended to the Court below to see that the suit is disposed of in the aforesaid time frame.

(3.) Rule is made absolute accordingly. No order as to costs. Direct service is permitted.