Rmc Readymix (I) P. Ltd. vs Kanayo Khubchand Motwani on 21 March, 2006
10. Turning to the next technical defence which is raised that the suit is not maintainable under Order 37 Rule 2 of the CPC by virtue of the fact that the possession of the premises is still with the plaintiffs I am of the opinion that in the light of my judgment in the case of Polaroid India P. Ltd v. Nav Nirman Co. and Ors. the said contention cannot be accepted. I am informed by both the parties that an appeal arising from the said order has been dismissed by the Division Bench of this court. In the said judgment I have inter-alia held that the suit is maintainable for the recovery of security deposit and the possession of the premises can be simultaneously handed over by the plaintiffs to this court who will in turn hand over to the defendant, if the defendant accepts the claim of the plaintiffs in the present suit. In the light of the aforesaid judgment I do not find any merits in the contention that the suit is not maintainable under Order 37 Rule 2 of the CPC and thus I reject the same.