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I v Vo q, $- 10 HIGH COURT OF DELHI FAO(OS) 3L9l20rL
SUMAJ JAIN .....Appellant
Through: Mr.J.K.Sethi, Advocate
Through: Mr.Jayant Nath, Senior Advocate
PRADEEP NANDRAJOG
SUNIL GAUR
20.09.20LL
ORDER
1. Respondent No.1 is the plaintiff. Appellant was defendant No.2 in the suit. As per claim in the plaint a decree in sum of 743,92,0L81- together with pendentelite and future interest till realization has been sought against the defendants. The suit is a summary suit.
2. 1.A.No.629512009 filed by the appellant i.e. defendant No.2 seeking leave to defend has been disposed of vide impugned order dated 25.4.20L[1]. Leave to defend had been granted on the condition that the suit amount would be deposited by the appellant with the Registrar General of this court within 4 weeks which amount was to be invested in a fixed deposit.
3. counsel for the plaintiff, i.e., respondent No. 1 in the appeal appeared at the preliminary hearing and we find that as per order dated LI.O[7].20II, appellant stated that he would be depositing {20 lacs with the Registry of this court. Binding the appellant to the statement made notice was issued returnable for today. rmpugned order was directed to.l. t, W.P.(c) No.319/2011 2011:DHC:10982-DB.-f-tl i+ \ e t {" be stayed if <20 lac was deposited by the appellant.
4. The appellant has deposited {20 lacs with the Registrar General of this court. The said amount has been invested in a
F. D. R.
5. With consent of learned counsel for the parties, the instant appeal stands disposed of modifying the condition upon which leave to defend had been granted to the appellant.
6. 1.A.No.629512009 filed by the appellant is disposed of on the direction that the sum of {20 lacs deposited by the appellant in this court would be treated as the condition for defending the suit. The sum of {20 lacs with interest accrued would be paid over to respondent No.1 upon said respondent furnishing security to the satisfaction of the learned Registrar General of this court; so that restitution can b,e effected should the suit fail.
7. Upon security being furnished to the satisfaction of the endorsed in the name of respondent No.1 and handed over to the advocate on record of respondent No.1.
8. The appeal stands disposed of.
9. No costs.
10. Dasti. C.M.No. 12O13/2O11(Stav) The application is dismissed as infructuous. --^.:n*t PRADEEP NANDRAIOG,' SEPTEMBER 20,?OLL pkb