C T ABRAHAM Vs. J R JAMES

JUDGEMENT

(1.) THE petitioner herein is the respondent in the main appeal. He has filed the present petition for the following relief: To issue an order directing the Passport Officer, Madras, to impound the passports issued to the respondents, who are the appellants in the main appeal, pending the realisation of the decree amount in O.S. No. 712 of 1987 on the file of the Sixth Assistant Judge, City Civil Court, Madras, after the disposal of the appeal.

(2.) THE respondents, who are the appellants in the appeal, filed the above appeal against the judgment and decree in O.S. No. 712 of 1987 on the file of the Sixth Assistant Judge, City Civil Court, Madras, dated 19.10.1990 by which the petitioner's suit for Rs. 98,380/- with interest at 24% per annum was decreed by importing the theory of contribution on a promissory note. Along with appeal, the respondents filed C.M.P. No. 15002 of 1991 for stay of all further proceedings in O.S. No. 712 of 1987 pending disposal of the appeal. M. Srinivasan, J., was pleased to grant interim stay on 14.11.1991. THE same was made absolute on condition the respondents herein deposit one half of the amount due under the decree as on date, in the trial court within twelve weeks from 24.4.1992 failing which the stay will stand vacated. THE petitioner herein was permitted to withdraw the same without furnishing security. THE respondents herein were granted three weeks time by way of extension for payment of the amount ordered in C.M.P. No. 15002 of 1991, by order dated 21.7.1992 in C.M.P. No. 9249 of 1992. By order dated 20.8.1992 in C.M.P. No. 10727 of 1992, further extension of time till 28.8.1992 was also granted to the respondents to deposit the amount. It is now stated that the direction given by this Court has been complied with and that a sum of more than rupees one lakh and the costs of suit have already been deposited in the trial court and withdrawn by the petitioner herein.

(3.) I have heard Mr. C. Jose Ukkur, learned counsel for the petitioner and Mr. M.A. Sadanand, learned counsel for the respondents.