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Issues involved: Refund of amount deposited by defendants as per Clause 6 of Agreement dated 15th May, 2009 and pending adjudication of injunction application in Supreme Court.
Refund of amount deposited: The defendants sought a refund of the amount deposited based on Clause 6 of the Agreement dated 15th May, 2009. The Court noted that the said Clause clearly stated that the amounts received would be returned if certain interim applications were decided in favor of the defendants. The plaintiff's counsel acknowledged that the refund was due as per the Agreement. However, the plaintiff mentioned that a similar matter was pending adjudication in the Supreme Court, with a hearing scheduled for 13th August, 2013. Court's decision on refund: The Court found Clause 6 of the Agreement to be explicit and binding. It directed the plaintiff to refund the entire amount received to the defendants by 21st August, 2013, considering the pending hearing in the Supreme Court. The refund was to be made via an account payee cheque to the defendants' counsel against a receipt. The case was listed for further hearing on 24th October, 2013.
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