Supreme Court of India
Rajesh Ahuja vs Manoj Mittal & Anr on 5 December, 1997
Equivalent citations: AIR 1998 SUPREME COURT 2931, 1998 AIR SCW 2350, (1997) 10 JT 164 (SC), 1997 (7) SCALE 582, (1997) 7 SCALE 582, (1998) 1 CURCC 211, (1997) 10 SUPREME 405, (1999) 2 BANKLJ 502
Bench: Chief Justice, B.N. Kirpal
PETITIONER: RAJESH AHUJA Vs. RESPONDENT: MANOJ MITTAL & ANR. DATE OF JUDGMENT: 05/12/1997 BENCH: CJI, B.N. KIRPAL ACT: HEADNOTE: JUDGMENT:
J U D G M E N T Verma, CJI.
Leave granted.
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 the 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 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 to security furnished by the defendant/respondent. The appeals are disposed of accordingly.