Supreme CourtDivision Bench(1997) 12 SC CK 0028

Rajesh Ahuja vs Manoj Mittal and Another

Supreme Court Of India · Decided on 5 December 1997 · Citation: AIR 1998 SC 2931 : (1998) AIRSCW 2350 : (1997) 10 JT 164 : (1997) 7 SCALE 582 : (1997) 10 Supreme 405

HON’BLE JUDGES
J. S. Verma, C.J · B. N. Kirpal, J
RESULT
Disposed Of
CASE NUMBER
Civil Appeal No''s. 8638-39 of 1997 (arising out of S.L.P. (C) No''s. 13042-13043 of 1997)

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Judgment

3 paragraphs · 191 words

Verma,CJI.

1.

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 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 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.