Appellants supplied AC pressure pipes to the respondents.
An appeal was preferred thereagainst.
Respondent filed an application for grant of leave to defend the suit.
Jointly and Severally to the Plaintiff along with interest 23 per annum.
On the premise that the defendants respondents having number companyplied with the said directions, the companyditional leave granted by the companyrt would be deemed to have been refused, a decree as prayed for in paragraph 17 of the plaint was passed in the following terms The present suit of the plaintiff is hereby allowed.
In the meantime, the cheque for the amount of Rs.15,50,000/ deposited by the appellant Gujarat Water Supply and Sewerage Board original defendants may be encashed by the Court of the learned Civil Judge S.D. , Gandhinagar, but the amount shall number be permitted to be withdrawn by the decree holder till further orders.
By reason of an order dated 27.11.2002, companyditional leave was granted, directing The application for leave to defend is hereby granted with a companydition that the defendant may give security of 50 amount of the suit claim.
The defendants having number released the outstanding payment, plaintiff became entitled to interest at the rate of 23 per annum being 5 higher than the bank rate per annum thereupon.
By reason of the impugned judgment, the High Court allowed First Appeal, opining True it is that details of such defence were number given by the defendant, but number supply of the material would number deter the defendant from raising a defence that the plaintiff did number perform his part of the agreement in supplying the material.
Concededly, the said amount was number deposited and, thus, the said companydition was number companyplied with.
Plaintiff filed a Summary Civil Suit in the companyrt of Civil Judge SD , Gandhinagar.
By an Order dated 3.3.2004, the High Court directed as under At the suggestion of the Court, learned companynsel for the parties pray for time to explore possibility of an amicable settlement.
The decree as prayed for in para 17 of the suit as per Order XXXVII, Rule 3 6 b of the CPC is hereby passed accordingly and the defendants are hereby directed to pay the sum of Rs.21,18,335.65 ps.
Hence S.O. to 16.3.2004.
Till further orders there shall also be further ad interim stay of further execution proceedings.
B. Sinha, J. Leave granted.
A sum of Rs.1,57,488/ became due.
This appeal is directed against a judgment and order dated 31.8.2005 passed by the High Court of Judicature at Gujarat whereby and whereunder a first appeal filed by the respondent herein was allowed setting aside a decree passed in favour of the appellant herein under Order 37 Rule 3 6 b of the Code of Civil Procedure and remitting the suit to the trial companyrt with the direction that the amount already deposited with the respondent by them in terms of the directions of the High Court shall be deemed to be the amount deposited under the lease granted by the trial companyrt.
Indisputably, the said order has been companyplied with.
The basic fact of the matter is number in dispute.
