JUDGEMENT
HARISH TANDON,J. -
(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.;
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