Appellant sought release of solvent security deposited in accordance with a prior High Court order. Respondents argued the action basis was extinguished. Appeal was returned withdrawn with directions for the Registrar to release the security within two weeks.
Direction to Registrar (Judicial) to release the solvent security within two weeks.
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[2024:RJ-JP:197]
HIGH COURT OF JUDICATURE FOR RAJASTHAN BENCH AT JAIPUR
S.B. Civil First Appeal No. 213/2007
1.M/s Ajanta Construction Private Limited through Director Shri Bajrang Lal Bajaj, Having registered office at B-13, Industrial Estate, Jaipur
----Appellants
Versus
1.Vijay Krishna Dube S/o Shri Bal Krishna Dube (Deceased) through legal representatives:-
1/1. Anurag Dube S/o Late Shri Krishna Dube, R/o Plot No. B- 248, Bihari Marg, Bani Park, Jaipur.
1/2. Dr. Amitabh Dube S/o Late Shri Krishna Dube, R/o Plot No. B-248, Bihari Marg, Bani Park, Jaipur.
1/3. Amitesh Dube S/o Late Shri Krishna Dube, R/o Plot No. B- 248, Bihari Marg, Bani Park, Jaipur.
1/4. Smt. Sushila Dube W/o Late Shri Krishna Dube, R/o Plot No. B-248, Bihari Marg, Bani Park, Jaipur.
----Respondents
| For Appellant(s) | : Mr. N.K. Maloo, Sr. Advocate with Mr. Pratyush Sharma |
|---|---|
| For Respondent(s) | : Ms. Alisha Chopra for Ms. Suruchi Kasliwal |
HON'BLE MR. JUSTICE ASHOK KUMAR JAIN Order
02/01/2024
Learned counsel for respondent nos. 2 to 4 submits that in pursuant to OTS with respondent nos. 1/1 to 1/4, the cause of
[2024:RJ-JP:197]
[CFA-213/2007]
(2 of 2)
action arouse in favour of appellant does not survive and this appeal has rendered infructuous.
Learned counsel for appellant submits that the solvent security deposited by the appellant in pursuant to order dated 28.05.2007 passed by Hon’ble this Court was ordered to be released on 20.10.2023 but same is not released yet so he offers to withdraw this appeal with request that solvent security submitted before the Court be released in pursuant to order dated 20.10.2023.
Considered aforesaid.
The appeal is dismissed as withdrawn with direction to Registrar (Judicial) to comply the order dated 20.10.2023 within a period of two weeks.
(ASHOK KUMAR JAIN),J
CHETNA BEHRANI /14
M/s Ajanta Construction Private Limited
Bajrang Lal Bajaj
Anurag Dube
Dr. Amitabh Dube
Amitesh Dube
Sushila Dube
Ashok Kumar Jain
As recorded by the court registry
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