Rajesh Ahuja vs Manoj Mittal - 1997 Supreme(SC) 1601

Judicial Analysis Court Copy Headnote Facts Arguments Court observation

1997 Supreme(SC) 1601

1997(10) Supreme 405
SUPREME COURT OF INDIA
J.S. Verma CJI., B.N. Kirpal, J.
Rajesh Ahuja -Appellant
versus
Manoj Mittal & Anr. -Respondents
Civil Appeal Nos. 8638-39 of 1997
(Arising out of SLP (C) Nos. 13042- 13043 of 1997)
Decided on 5-12-1997
Counsel For the Parties :
For the Appellant, Vikramjit Sen, Sr. Advocate, Arvind Minocha, Mrs. Veena Minocha, Advocates.
For the Respondents, M.L. Verma, Sr. Advocate, Pramod Dayal, Anand Padmanabhan, Mrs. Ranjana Dutta, Shashi Bhushan, Advocates.

Headnote:LEAVE TO DEFEND-Granted by trial Court on condition of deposit of Rs. 10 lacs in cash and security for Rs. 10 lacs-Condition modified & defendant/respondent directed to deposit further sum of Rs. 10 lacs and on its deposit, the documents for purpose of security would be returned-Appeals accordingly disposed of. (Para 2)

JUDGEMENT

Verma, CJI.-Leave granted.

2. Having heard the learned counsel for the parties we are not inclined to interfere with the grant of leave to defendant, but we are of the opinion that terms on which leave has been granted should be modified. We are informed that the sum of Rs. 10 lacs has already been deposited in cash by the respondent herein with the High Court against the entire claim in the suit while security has been offered for the amount of Rs. 10 lacs. We modify the condition of grant of leave and direct the defendant/respondent to deposit a further sum of Rs. 10 lacs in the High Court. The entire amount of Rs. 20 lacs would be kept in fixed deposit so that it is available for being paid to the successful party as a result of the decision of the trial Court. On deposit of the balance amount of Rs.10 lacs in the High Court within 8 weeks, the documents for the purpose of security furnished by the defendant/respondent in the High Court would be returned to the defendant/respondent. The appeals are disposed of accordingly.

Appeal disposed of accordingly.

**********

00020

Click Here to Read the rest of this document