Sangeet Lodha, Arun Bhansali, J. - (1.) The matter comes up on an application (2/2020) preferred on behalf of the appellant questioning legality of the order dated 17.7.2020 passed by the Commercial Court, Udaipur, whereby while granting the appellant further time to submit fresh cheque of Rs.5 crores in terms of direction issued by this Court vide order dated 24.2.2020, the solvent surety produced by the respondent for disbursement of the amount, has been accepted.
(2.) Considering the objections of the appellant to the valuation of the property furnished as solvent surety, on 10.8.2020, learned counsel appearing for the respondent Company sought time to complete his instructions. While allowing the time as prayed for, this Court passed an order in following terms : "In the meanwhile, the appellant shall deposit fresh cheque of Rs.5 crores by tomorrow i.e. 11.08.2020 as directed by the Commercial Court, Udaipur vide order dated 04.08.2020. However, the amount to be deposited by the appellant pursuant to this order shall not be disbursed to the respondent till further orders."
(3.) Pursuant to the order passed as aforesaid, fresh cheque of Rs.5 crores has already been deposited by the appellant with the Commercial Court, Udaipur.;