SUMAN BANSAL Vs. MAHENDRA P. GAUNEKAR

JUDGEMENT

(1.) HEARD Shri Nigel Da Costa Frias, learned Counsel appearing for the Appellant and Shri Padiyar, learned Counsel appearing for the Respondent. The above Appeal challenges the Order dated 21.11.2009, passed by the learned Civil Judge, Senior Division at Panaji, whereby an application filed by the Respondent under Order 39 Rule of the Civil Procedure Code, came to be disposed of, inter alia, directing the Appellant to deposit in the Court a sum of Rs. 45,00,000/ -.

(2.) BRIEFLY the facts of the case are that the Respondent has filed a suit against the Appellant, inter alia, claiming that they had advanced a sum of Rs. 45,00,000/ - to the Appellant which they had defaulted in such repayment and, as such, the suit came to be filed for recovery of said amount of Rs. 45,00,000/ - together with interest thereon.

(3.) DURING the pendency of the said suit, the Respondent filed the said application to direct the Appellant to deposit money and/or attachment before Judgment of a property. The Appellant opposed the said application filed by the Respondent. The learned Judge disposed of the said application by the impugned Order directing the Appellant to deposit the said sum of Rs. 45,00,000/ -.