LAWS(SC)-2008-12-16

WADA ARUN ASBESTOS Vs. GUJARAT WATER SUPPLY

Decided On December 16, 2008
WADA ARUN ASBESTOS Appellant
V/S
GUJARAT WATER SUPPLY Respondents

JUDGEMENT

(1.) Leave granted.

(2.) This appeal is directed against a judgment and order dated 31.8.2005 passed by the High Court of Judicature at Gujarat whereby and whereunder a first appeal filed by the respondent herein was allowed setting aside a decree passed in favour of the appellant herein under Order 37 Rule 3(6)(b) of the Code of Civil Procedure and remitting the suit to the trial court with the direction that the amount already deposited with the respondent by them in terms of the directions of the High Court shall be deemed to be the amount deposited under the lease granted by the trial court.

(3.) The basic fact of the matter is not in dispute.