DENISH INDUSTRIES LTD. Vs. RASAYAN AGENCIES

JUDGEMENT

(1.) xxx xxx xxx.

(2.) Civil Revision Applications Nos. 1790/96 to 1793/96 have been instituted by the original defendants challenging the order granting them conditional leave upon deposit of certain amounts. CRAS Nos. 1832/96 to 1834/96 have been instituted by the original plaintiffs whereby they invoke proviso to Rule 3 of Order 37 with a grievance that original defendants be directed at least to deposit the amounts which are admitted by the original defendants. In my view, there is no question of dilating on these matters. Original plaintiff instituted summary suits for recovery of money on goods sold and delivered. It is common ground that the parties had business relations for quite some time. Having regard to the learned City Civil Judge had directed the original defendants to deposit a sum of Rs. 10,85,000/- as condition precedent to defend all the suits. Having considered the arguments, I am satisfied that the amount directed to be deposited could be modified and the same is accordingly modified as under:

(3.) In all the four suits the original defendants to deposit a sum of Rs. 6 lakhs within ten weeks from today and out of the deposited sum, Rs. 3 lakhs is permitted to be withdrawn by the original plaintiffs. The balance of Rs. 3 lakhs shall be deposited in Fixed Deposit Account with automatic renewal and which shall be available for disposal to the Trial Court at the time of final disposal of the suit