JUDGMENT :

Amit Bansal, J.

I.A. 13482/2019 (O-XXV R-1(1) of CPC)

1. The present application has been filed on behalf of the defendants under Order XXV Rule 1(1) of the Code of Civil Procedure, 1908 (CPC) seeking a direction to the plaintiff to deposit a security of Rs. 8,00,00,000/- with this Court.

2. Notice in this application was issued on 27th September, 2019. Reply has been filed on behalf of the plaintiff.

3. Senior counsel for the defendants submits that in terms of the proviso to Order XXV Rule 1(1) of the CPC, in all cases, where the plaintiff is residing outside India and does not possess any immovable property in India, it is mandatory for the Court to direct the plaintiff to deposit security for payment of costs incurred or likely to be incurred by the defendant for contesting the suit. Reliance has been placed on behalf of the defendants on the judgments in Kiran Shoes Manufacture v. Welcome Shoes Pvt. Ltd., 2017 SCC Online Del 6590, S.A. Brothers & Co. and Anr. v. Bartholomow & Sons Ltd.& Ors., 2000 (56) DRJ 68 and Gotham Entertainment Group LLC and Ors. v. Diamond Comics Pvt. Ltd., (2010) 42 PTC 136.

4. Per contra, the counsel appearing on behalf of the plaintiff submits t