PRASHANT B UMREDKAR Vs. SANJAY SHIVAJI SHARMA

JUDGEMENT

(1.) Heard Mrs. Deshpande, learned counsel for the appellant and Shri Parchure, learned counsel for the respondent. Rule is made returnable forthwith and heard finally with the consent of the parties.

(2.) The matter is being heard since 12.2.2008. On 12.2.2008 during arguments, it was felt that a chance may be given to present appellant to contest the matter on merits provided certain amount is deposited before the Court below. Yesterday, some offer was made by the appellant but it was not accepted by the respondent and matter came to be adjourned to today. Today, the learned counsel for the appellant states that the appellant would deposit amount of Rs. One Lakh before the lower Court within three weeks from today so as to show the bonafides of appellant. The learned counsel for the appellant, however, requests that amount should not be allowed to be withdrawn by present respondent till the suit is decided on merits.

(3.) Shri Parchure, learned counsel for the respondent states that if the amount of Rs. One lakh is allowed to be withdrawn, the respondent is ready and willing to furnish appropriate security before the lower Court for refund of said amount in case suit is dismissed. He states that if the amount is allowed to be withdrawn then only leave to defend the suit should be given to the appellant.