ABHISHEK BUCHASIA Vs. MOHAN GENERAL TRADING COMPANY

JUDGEMENT

(1.) The Court : Pursuant to the order dated 13th June, 2017 both the partners of the judgment-debtor are personally present in Court today. Admittedly, a sum of Rs.5 lakh had already been deposited with the learned Registrar, Original Side of this Court on 26th July, 2017. The balance sum of Rs.17 lakh was not deposited and, on the last occasion, a sum of Rs.3 lakh was sought to be tendered to show the bona fide. This Court did not accept the conduct of the judgment-debtor to be bona fide and refused to accede to the prayer made on their behalf and directed the personal appearance of the partners of the judgment-debtors.

(2.) Today, the judgment-debtors by three several cheques, bearing no.025063 dated 27.5.2017 drawn on Axis Bank Ltd. for Rs.3,00,000/-, no.000035 dated 20.7.2017 drawn on HDFC Bank Ltd. for Rs.12,00,000/- and No.873965 dated 20.7.2017 drawn on Deutsche Bank for Rs.2,00,000/- all in favour of Registrar, Original Side, High Court are produced before this Court and prays for acceptance thereof upon condoning the delay limited for deposit of the same. Though this Court did not appreciate the conduct of the judgment- debtor as despite the undertaking given to Court, the violation is eminent and evident, but this Court feels that justice would not subserve to proceed further on such violation of an undertaking as the judgment-debtors have brought the balance amount.

(3.) The advocate-on-record of the judgment-debtor is directed to deposit the aforesaid cheques with the Registrar, Original Side, High Court by Tuesday (25.07.2017). The learned Registrar is directed to encash the aforesaid cheques and keep the said amount with him duly invested in a short-term fixed deposit in any nationalized bank and shall go on renewing the same until further orders. In the event the aforesaid cheques are dishonoured, the learned Registrar shall immediately inform the Advocate-on-record of the judgment-debtor as well as the decree- holder and also to this Court. The personal appearance of the partners of the judgment-debtor is dispensed with subject to the encashment of the aforesaid cheques by the learned Registrar, Original Side.