LEELA CAPITAL AND FINANCE LIMITED Vs. MODILUFT LIMITED

JUDGEMENT

(1.) THESE two appeals which arise from the same summary suit i. e. Summary Suit No. 702/92 can be conveniently disposed of by a common judgment and order.

(2.) THE brief and relevant facts which give arise to the filing of the aforesaid appeals can be summarised as under :-

(3.) IN this matrix of facts, the main contentions raised on behalf of the plaintiff/appellant in these two appeals can be summarised as follow :- (a) That Mr. Kishore Gupta, was neither a party to the Summary suit nor a person authorised by the defendant company to intervene or file a Chamber Summons. He had, therefore, no locus to file Chamber Summons No. 1508/2001, specially when, the money belonged to the company which was represented in the summary suit and which had not preferred an appeal against the order granting withdrawal passed by Baam, J. , on 9-11-2001. (b) That in any case, the amount deposited in this Court was an admitted amount which had been an inter corporate deposit granted as far as back as 20-2-96. It was contended that the company had suffered great loss of interest and that since this money admittedly belonged to the plaintiff company, this Court should exercise its power to allow the plaintiff company to withdraw the amount so that the money could be utilised for their commercial use pending the suit.