SUNDARAM FINANCE LIMITED Vs. ALTAF PASHA

JUDGEMENT

(1.) The Appellant/Applicant/Decree Holder has filed the instant Original Side Appeal as against the order, dated 04.12.2013, in A.No.4501 of 2012 in A.No.1005 of 2012 in E.P.No.1036 of 2010, passed by the Learned Single Judge, in dismissing the Application.

(2.) The Learned Single Judge, while passing the order in A.No.4501 of 2012 in A.No.1005 of 2012 in E.P.No.1036 of 2010 [filed by the Appellant/Applicant], on 04.12.2013, has, in paragraph 6, inter alia, observed that '... As per the order passed in A.No.1005 of 2012, a sum of Rs.1,00,00,000/- was directed to be deposited to the credit of E.P.No.1036 of 2010, and, it is also made clear in that order that the deposit shall be subject to the outcome of the proceedings initiated for setting aside the sale of the property of the second respondent and subject to the outcome of the execution proceedings to be initiated by the decree holder for the realization of the decree amount. That order has become final and the same cannot be circumvented by filing this Application, thereby seeking permission of this Court to withdraw the amount. Already amount has been deposited in the Bank, and, it carries interest, and, no prejudice would be caused to the applicant, if the amount is allowed to be kept in the Bank deposit. In the event of success in the Execution Petition, the applicant is entitled to withdraw the amount with accrued interest. Hence, I do not find any reason to allow this Application No.4501 of 2012' and resultantly, dismissed the Application.

(3.) According to the Learned Counsel for the Appellant/Applicant, the Learned Single Judge has committed an error, in dismissing A.No.4501 of 2012 in A.No.1005 of 2012 in E.P.No.1036 of 2010, inasmuch as the same is bad in law, probabilities of the case and opposed to equity and principles of natural justice.