LAWS(CAL)-2011-3-158

LAFARGE INDIA LTD Vs. MADAN LAL AGARWAL

Decided On March 17, 2011
LAFARGE INDIA (P) LTD. Appellant
V/S
MADAN LAL AGARWAL Respondents

JUDGEMENT

(1.) The Court:- GA No.2600 of 2010 is the defendants' application for recalling an ex parte decree dated July 7, 2010. The decree was made on an application for judgment on admission.

(2.) On GA No.2600 of 2010 being received, an order was passed on August 13, 2010 for the defendants to furnish security to have the decree stayed. There was an order of injunction passed earlier in the suit on June 23, 2010 in respect of an immovable property. At the time of moving the application for recalling the ex parte decree, the defendants submitted on August 13, 2010 that a Berhampore property, in respect of which the order dated June 23, 2010 operated, was a freehold property of which the defendants were joint owners. It was also submitted that the property was not mortgaged but there were tenants in occupation thereof. The Court accepted as bona fide the offer made on behalf of the defendants for deposit of the title deeds relating to the Berhampore property with the Registrar, Original Side. The defendants say that the title deeds are still with the Registrar.

(3.) The defendants have filed an affidavit today to show that the Berhampore property is not otherwise charged or mortgaged in favour of any other person. The affidavit indicates that there are tenants at the Berhampore property. The defendants will detail, within a fortnight from date, the names of the persons who are in occupation of the Berhampore property and the defendants will not alienate or otherwise encumber the property in any manner or create any interest in respect thereof in favour of any person pending further orders in the suit. It is on such condition that decree of July 7, 2010 is recalled and GA No.1889 of 2010 on which the order dated July 7, 2010 was made is disposed of without any other order. GA No. 2600 of 2010 stands disposed of with the security furnished being directed to continue.