A single judge permitted withdrawal of 25 lakh Rupees from the deposited appeal bond by an appellant in a money decree appeal under Order 41 Rule 5 CPC, subject to the appeal's outcome.
Permission granted to withdraw Rs.25,00,000/- from the deposited appeal bond.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT ( Civil Appellate Jurisdiction )
Thursday, the Fifteenth day of March Two Thousand Eighteen
PRESENT
The Honble Mr.Justice M.SATHYANARAYANAN and The Honble Mrs.Justice R.HEMALATHA
CMP(MD) No.7727 of 2017
IN
AS(MD) No.3 of 2015
M/S.URC CONSTRUCTIONS (PRIVATE)LIMITED, REP. BY ITS PRESIDENT, MR.D.ELANGOVAN HAVING ITS REGISTERED, OFFICE AT 119 POWER HOUSE ROAD, ERODE-01 ... PETITIONER/RESPONDENT
Vs
2 THE CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT, WATER RESOURCES ORGANISATION, PWD CAMPUS, THALLAKULAM, MADURAI 625 002.
Petition praying that in the circumstances stated therein and in the affidavit filed therewith the High Court will be pleased to permit to withdraw the amount together interest deposited by the respondents in the Indian Bank, High https://hcservices.ecourts.gov.in/hcservices/ Court Branch, Madurai.
Prayer in AS(MD). 3/ 2015 :
To set aside the Decree and Judgment dated 07.07.2011 made in O.S.No.32 of 2008 on the file of the Learned Principal District Judge, Tirunelveli and thus render justice.
ORDER : This petition coming on for orders upon perusing the petition and the affidavit filed in support thereof and upon hearing the arguments of MR.A.SIVAJI, Advocate for the petitioner and of MR.THIAGARAJAN, Government Advocate for the Respondents the court made the following order:-
[ Order of the Court was made by M.SATHYANARAYANAN,J.]
The learned Government Advocate appearing for the appellants / defendants in A.S.(MD)No.3 of 2015, prays for short accommodation as he is being lead by the learned Additional Advocate General.
2.Mr.A.Shivaji, learned counsel appearing for the respondent/appellant in A.S.(MD)No.201 of 2015 would submit that they have filed an appeal for enhancement of interest.
3.It is also brought to the knowledge of this Court that this Court vide interim order dated 20.10.2016, in M.P.(MD)No.1 of 2015 has permitted them to withdraw a sum of Rs.50,000/- and also granted interim order subject to the condition that the petitioners / appellants in A.S.(MD)No.3 of 2015, shall deposit 50% of Rs.1,60,02,645/- to the credit of the said appeal on the file of this Court, before the Indian Bank, High Court Branch, Madurai, within a period of ten weeks, with default clause and the said order has been complied with belatedly and prays for permission to withdraw the entire deposited amount.
4.However, the said submission is strongly opposed by the learned Government Advocate appearing for the appellants in A.S.(MD)No.3 of 2015 and would further add that the appellants are having a bright chance of success.
5.This Court has considered the rival submissions and also perused the materials placed on record.
6.Since it is a money decree, Order 41 Rule 5 of C.P.C. would come into operation. Though the suit came to be decreed as early as on 07.07.2011, the respondents are unable to realise the fruits of the decree and therefore, the respondent / decree holder in A.S.(MD)No.3 of 2015, is https://hcservices.ecourts.gov.in/hcservices/ permitted to withdraw a sum of Rs.25,00,000/- (Rupees Twenty Five Lakhs only), lying to the credit of A.S.(MD)No.3 of 2015,
in Indian Bank, High Court Branch, Madurai,and the said withdrawal is subject to the result of the appeal.
/ TRUE COPY /
Sub-Assistant Registrar (C.S.) Madurai Bench of Madras High Court,
To
THE PRINCIPAL DISTRICT JUDGE, TIRUNELVELI.
COPY TO : THE BRANCH MANAGER, INDIAN BANK, HIGH COURT BRANCH, MADURAI BENCH OF MADRAS HIGH COURT, MADURAI.
GJM/CM/VR/SAR-2-21.3.18-2P-3C
ORDER IN CMP(MD) No.7727 of 2017 IN AS(MD) No.3 of 2015 Date :02/03/2018
1 issue framed by the court
Whether a respondent/appellant in a money decree appeal is permitted to withdraw a portion of the deposited appeal bond before the final disposal of the appeal.
1 provisions across 1 enactments
M/S.URC CONSTRUCTIONS (PRIVATE)LIMITED
THE GOVT. OF TAMIL NADU
M.SATHYANARAYANAN
R.HEMALATHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
