BHUPINDER NARAIN BHATNAGAR Vs. MAHESH SINGHAL

JUDGEMENT

(1.) THE appeal impugns the order dated 06.12.2013 of the learned Single Judge (exercising Ordinary Original Civil Jurisdiction) of allowing IA No.22691/2012 of the respondent / plaintiff and thereby permitting the respondent / plaintiff to take back the amount of Rs.3.73 crores deposited in this Court together with interest accrued thereon. The appeal was accompanied with an application for condonation of 18 days delay in filing thereof.

(2.) WE have without hearing the counsels on the aspect of delay, heard them on the merits of the appeal. Resultantly, for the sake of record, the delay in filing the appeal is condoned.

(3.) THE suit along with the application for interim relief came up before the learned Single Judge first on 13.02.2012 when the counsel for the respondent / plaintiff made a statement that the respondent / plaintiff was ready and willing to deposit the balance amount of Rs.3.73 crores in the form of fixed deposit in this Court. Accordingly, subject to the said deposit, the appellant / defendant was restrained from creating any third party interest in or transferring the possession of the said property in favour of any third person. The said application for interim relief is still pending consideration.