M/s.Doshi Constructions v. M/S. Mec Inernational Private Ltd.

A.No.3555 of 2024 in C.S.No.574 of 2010

P.B.BALAJI, J.

This application has been filed seeking permission to withdraw Rs.12,10,000/- deposited by the 1^st respondent towards rent.

2.I have heard Ms.R.Supriya, learned counsel for the applicant and Mr.K.V.Bhashyam Chari, learned counsel for the 1^st respondent.

3.The learned counsel for the 1^st respondent would invite my attention to similar order passed by this Court on 19.10.2022, where this Court, recording the submissions of the learned counsel for the 1^st respondent, has ordered as follows:

“4.The aforesaid contentions of the learned counsel for the first respondent is extracted from paragraph no.13 of his counter affidavit. It is also pertinent herein to refer paragraph no.18 of the counter, wherein, it is stated “without prejudice to the interest of the first defendant, the first defendant submits that keeping in view the pendency of rival suits mentioned supra, filed against the plaintiff herein in respect of suit schedule land, the first defendant has no objection in allowing the plaintiff to withdraw the money lying in the credit of the above suit and also if 34^th defendant has got no objection. The first defendant leaves it to the wisdom of this Court whether to allow the plaintiff to withdraw the money lying

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in the credit of above suit in this Hon'ble Court”.