SURESH LACHHMANDAS RAHEJA Vs. GOPAL LACHHMANDAS RAHEJA

JUDGEMENT

(1.) These applications have been filed by defendant No.1(c) in Suit No. 3190 of 2006 seeking to restrain the plaintiff from withdrawing the suit and the release of the bank guarantee to the tune of Rs.200 crores furnished by the plaintiff in favour of the Prothonotary and Senior Master of this Court and the withdrawal of the amount of Rs.16,40,00,000/- deposited by the plaintiff, pursuant to the orders passed by the Supreme Court and this Court, respectively.

(2.) The defendant No.1(c), by preferring another set of applications in Counterclaim No. 25 of 2010 in Suit No. 3190 of 2006, has also prayed that the defendant No.3 to the suit, who has filed the counterclaim, be disallowed to withdraw the counterclaim, without the consent of the applicant.

(3.) Though the litigation between the applicant and the respondent No.1(a) has a chequered history, for the purpose of determination of these applications, the background facts can be noted in two parts. The first, facts leading to the institution of the suit and counterclaim thereto. The second, the circumstances in which the applicant seeks to restrain the plaintiff and the defendant No.3 from withdrawing the suit and the counterclaim, respectively.