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Ram Sanehi Lal v. Special Judge S.C./S.T. Act Banda & Others - WRIT - A No. 7207 of 2002  RD-AH 705 (10 January 2006)
10.1.2006 Hon'ble S.U.Khan J
This is an application for modification of my order-dated 11.8.2003.
Learned counsel for the petitioner has prayed for reduction of cost of Rs. 10000/-. On the last date, court indicated that if Rs. 5000/- will be paid to the respondent in court, Court could consider the reduction of the cost. Today a bankers cheque of Rs. 5000/- drawn in favour of Shahzad Behari Lal respondent No.3 has been handed over by learned counsel for the petitioner to the learned counsel for the respondent. However Sri Ranjit Saxena, learned counsel for the respondent states that bankers cheque is torn in the middle part. Sri Saxena has further stated that probably it has been done deliberately so that the said bankers cheque is not encashed.
Sri W.H.Khan, learned counsel for the petitioner states that it was purely accidental and it has got no effect on the validity of the bankers cheque. In case the said bankers cheque is encashed, amount of cost would be reduced to Rs.5000/-. However if the bankers cheque is not encashed, the cost of Rs.10000/- awarded by judgment and order dated 11.8.2003 would remain.
List in top five cases on 1.2.2006. On the next date Sri Saxena shall either inform the court about encashment of the bankers cheque or if the said cheque is not encashed it shall be returned.
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