Interim Order 5

Order Details: COPY OF ORDER
Pdf Text: CA 69/2023
VARESHVAR MEHTA Vs. AMIT GADHIA
29.08.2023
Pr.: Sh. Rajeev Mittal, Rajeev Kumar Bhole and Sh. Subhash
Chand, Ld. Counsels for appellant.
Respondent in person along with counsel Sh. S.S.Gulati.
Sh. Avinash Kumar Sinha, Branch Manager, Kotak
Mahindra Bank, Sector 58, Gurgaon is present from Kotak
Mahindra Bank. Heard. Bank Manager is discharged.
Ld. Counsel for the appellant submits that he has also
filed a Draft of Rs.3,50,000/- towards 40% of the cheque
amount, in the Ld. Trial Court, however, same is not available in
the Trial Court record.
Let Parchayardast, if any, be called from Ld. Trial Court.
Be put up at 2.00 p.m.
(Shail Jain)
Principal District & Sessions Judge,
East District, KKD Courts, Delhi.
29.08.2023
At 2.20 pm.
Pr. Sh. Rajeev Mittal, Rajeev Kumar Bhole and Sh. Subhash
Chand, Ld. Counsels for appellant.
Respondent in person.
Parchayardast has been received from Trial Court, from
which is it is clear that on 10.07.2023, the appellant has
deposited draft of Rs.3,50,000/- towards 40% of the cheque
amount. Considering the same, I am of the opinion that appellant
had deposited the 40% compensation amount as directed by my
Ld. Predecessor. Since this amount deposited by the appellant,
has been ordered by Ld. Trial Court, to be paid, as compensation
-- 1 of 2 --
-2-
to the complainant, therefore, this amount be released in favour
of the complainant by Ld. Trial Court and matter is adjourned to
06.10.2023 for arguments on appeal.
Parchayardast be sent back to Ld. Trial Court.
Copy of the order be given dasti to both the parties, as
prayed for.
(Shail Jain)
Principal District & Sessions Judge,
East District, KKD Courts, Delhi.
29.08.2023
-- 2 of 2 --