SANJAY HIRALAL SHAH Vs. KRISHNAKANT PANDYA

JUDGEMENT

(1.) This petition challenges the order dated 28th July, 2003, passed by the learned Civil Judge ( S.D.), Vadodara, below Exh.72 in Special Civil Suit No.389 of 2001. By the said application the petitioner had prayed for withdrawal of the amount of Rs.5 lacs, deposited by the defendants in compliance with the order passed below application for leave to defend at Exh.11 in Special Summary Civil Suit No.389 of 2001.

(2.) The petitioner had instituted a Special Summary Suit No.389 of 2001 before the Civil Judge (S.D.), Vadodara, under Order 37 of the Code of Civil Procedure, to recover an amount of Rs.11,00,141/- (Rupees Eleven Lacs One Hundred and Forty One Only) from the respondents/defendants. The petitioner applied for Summons for Judgment whereas the respondents applied for unconditional leave to defend. The learned Civil Judge (S.D.), Vadodara by order dated 5th June, 2002 granted leave to the respondents to defend the suit on condition to deposit Rs.5 lacs within sixty days from the date of the order.

(3.) Pursuant to the aforesaid order dated 5th June, 2002, the respondents No.2 and 3 deposited the amount of Rs.5 lacs with the Civil Court (S.D.), Vadodara.