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Supreme Court Of India
R.C. LAHOTI, CJI., D.M. DHARMADHIKARI AND P.K. BALASUBRAMANYAN, JJ.
NAY MAHARASHTRA CONTAINERS (P) LTD. AND ANOTHER- Appellants
Versus
SHAH NAGINDAS MANCHHARAS & SONS AND OTHERS- Respondents
Civil Appeal No. 2924 of 2005,
Decided on April 26, 2005
Civil Procedure Code, 1908, Order 41, Rules 19 and 17 - Dismissal ofAppeal in default of appearance- Appeal restored by High Court subject to deposit of an amount of Rs. 39,22,425.40 paise with interest at the rate of 12% per annum with half-yearly rests from the date of the filing of the suit till the date of deposit- Order of the High Court modified directing the appellant to deposit Rs. 35 Lakhs with the trial court with in eight weeks ,a condition precedent to the restoration of the appeal for hearing before the High Court- In case of failure in depositing the said amount the order of High Court would stand. [Paras 5 to 7]
ORDER
1. Delay condoned.
2. Leave granted.
3. Heard the learned counsel for the appellants as well as the learned counsel for Respondent I, who is the sole contesting respondent.
4. By the impugned order the High Court directed the first appeal, filed by the appellants and dismissed earlier in default of appearance, to be restored for hearing but subject to deposit of an amount of Rs 39,22,425.40 paise with interest calculated at the rate of 12% per annum with half-yearly rests and calculated from the date of the filing of the suit till the date of deposit.
5. We have perused the decree passed as also the several orders passed at earlier stages of these proceedings. After hearing the learned counsel for the parties, we are satisfied that the ends of justice would meet if an amount of Rs 35 lakhs is deposited by the appellants with the trial court within a period of eight weeks from today, a condition precedent to the restoration of the appeal for hearing before the High Court.
6. It is directed accordingly.
7. The impugned order of the High Court stands modified as indicated hereinabove. In the event of the appellants failing to deposit the amount as directed hereinabove the impugned order of the High Court shall stand. The amount, if deposited, shall be available to be withdrawn by the decree-holder Respondent 1 by furnishing security for restitution to the satisfaction of the trial court.
8. The appeal is disposed of accordingly. No order as to costs.
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