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of <h1>Court denies final hearing before vacation, orders stay on coercive steps, requires Rs. 5 crores deposit.</h1> <h3>KESAR TERMINALS & INFRASTRUCTURE LIMITED Versus KANDLA PORT TRUST & 2</h3> The court denied the appellant's request for a final hearing before the Diwali vacation but acknowledged the need for expediting the case. The matter was ... Request up the matter for final hearing - Held that:- Though there is a request to take up the matter for final hearing, but as we are close to Diwali vacation, it is not possible to take up the main appeal on this side of vacation so as to dispose of the same. But, considering the reasoning recorded by the learned Single Judge, we deem it appropriate that the matter can be expedited. Kept on 30.11.2017 for considering the matter on merits. Till the next date of hearing the respondents shall not take coercive steps, on a condition of depositing an amount of ₹ 5 crores in two installments by the appellant. The appellant shall deposit an amount of ₹ 2.5 crores within a period of 10 days from today and balance amount of ₹ 2.5 crores within a period of three weeks thereafter. Issues involved:1. Request for final hearing before Diwali vacation2. Consideration of matter on merits3. Stay on coercive steps by respondents4. Deposit of Rs. 5 crores in two installments by the appellant5. Request for appellant to deposit 50% of the amount before next hearingIssue 1: Request for final hearing before Diwali vacationThe appellant's counsel requested for a final hearing before the Diwali vacation. However, due to the proximity of the vacation, the court deemed it inappropriate to take up the main appeal on this side of the vacation for disposal. Despite this, the court acknowledged the need for expediting the matter based on the reasoning recorded by the learned Single Judge.Issue 2: Consideration of matter on meritsThe court scheduled the matter for consideration on merits on 30.11.2017. Both counsels, Mr. Mihir Thakore for the appellant and Mr. Mihir Joshi for the first respondent, were heard. The court emphasized the importance of expediting the case based on the Single Judge's reasoning.Issue 3: Stay on coercive steps by respondentsThe court ordered that until the next hearing date, the respondents, Kandla Port Trust, shall not take any coercive steps. However, this stay was subject to the condition that the appellant deposits Rs. 5 crores in two installments. The appellant was directed to deposit Rs. 2.5 crores within 10 days and the remaining amount within three weeks from the current date.Issue 4: Deposit of Rs. 5 crores in two installments by the appellantThe appellant was instructed to deposit Rs. 5 crores in total, with Rs. 2.5 crores to be paid within 10 days and the remaining Rs. 2.5 crores within three weeks. Failure to comply with these deposit requirements could affect the stay on coercive steps by the respondents.Issue 5: Request for appellant to deposit 50% of the amount before next hearingDuring the proceedings, the respondent's counsel requested that the appellant be directed to deposit at least 50% of the amount before the next hearing date. This request was noted for examination during the next hearing when the matter would be heard on merits. The court permitted direct service on the same day as the proceedings.
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