RAKESH BHHATIA Vs. PRAMOD SHARMA

JUDGEMENT

(1.) THE application for review entails inter-aila the question of very maintainability of review after unconditional withdrawal of an appeal preferred against the order sought to be reviewed.

(2.) REVIEW is sought of certain portions of the Order dated 21st April, 2009 disposing of the application of the plaintiffs/applicants under Order 39 Rule 1and2 of the CPC. The plaintiffs/applicants instituted the suit for permanent injunction restraining the defendants from selling certain shares of the plaintiff No. 6 company. It is the case of the plaintiffs/applicants that the said shares were pledged/placed as security with the defendants for the loan advanced by the defendants to the plaintiffs. The defendants claim to be the purchaser of the shares. Interim relief of restraining the defendants from dealing with the shares was claimed. Vide order dated 21st April, 2009 the said application of the plaintiffs for interim relief was allowed, subject to the condition of the plaintiffs within 45 days depositing in this court the loan amount with interest at the rate pleaded by the plaintiffs, till the date of deposit, and further subject to the plaintiffs filing an undertaking in this court, to, in the event of failing in their case making good to the defendants the loss, if any, suffered by the defendants owing to the interim order aforesaid, and calculated on the difference between the sale price of the shares as on 11th July, 2008 and on the date of final decision of the suit. In the review grievance is made to allowing interest till the date of deposit and to the other condition of filing an undertaking.

(3.) THE plaintiffs preferred an appeal being FAO (OS) No. 252/2009 against the said order. The said appeal came up before the Division Bench of this court on 3rd July, 2009 when the following order was made:-"after some arguments, learned senior counsel for the Appellant seeks leave to withdraw the Appeal. He, however, submits that the time for compliance of the order passed by the Vacation Judge, pertaining to deposit of Rs. 75 lakhs with interest be extended upto14. 7. 2009. The time is extended accordingly. Dismissed as withdrawn. "