CHEMICALS OF INDIA Vs. GOM INDUSTRIES LTD
LAWS(DLH)-2007-8-360
HIGH COURT OF DELHI
Decided on August 14,2007

CHEMICALS OF INDIA Appellant
VERSUS
GOM INDUSTRIES LTD Respondents

JUDGEMENT

- (1.) This appeal is directed against the order dated 10th February, 2006 passed by the learned Single Judge allowing the application filed by the appellant-defendant giving conditional leave to defend to the appellant on condition of depositing a sum of Rs.20,44,000/-. The learned Single Judge held that keeping in view the nature of the defence raised by the appellant- defendant, the defendant should be granted conditional leave to defend.
(2.) The plaintiff is not aggrieved by the aforesaid order passed but the defendant is aggrieved because of the condition to deposit Rs.20,44,000/- i.e. the entire claim in the suit while granting the leave to defend. We are informed by the learned counsel for the parties that in terms of the interim order passed by this Court, the appellant-defendant has deposited Rs.5,00,000/- in the Court and permission was given by the learned Single Judge to proceed with the suit. Pursuant to the said order, Rs.5,00,000/- stands deposited in the Registry. In that view of the matter, the suit is being proceeded with and we are informed that the suit is at the stage of recording of evidence.
(3.) Learned counsel for the respondent has raised a preliminary objection before us regarding the maintainability of the present appeal. He has submitted that no appeal is maintainable against the aforesaid order as the impugned order cannot be termed as a judgment, so far as the appellant-defendant is concerned. We are, however, unable to accept the aforesaid contention of the learned counsel for the respondent for the simple reason that if an unconditional leave had been granted, then in that event, it would not have been termed as a judgment so far as the appellant-defendant is concerned. But in view of the fact that a condition to deposit the entire claim in the suit has been imposed while granting leave and the said condition being onerous so far as the appellant is concerned, the same has to be treated as a judgment and, therefore, the appeal filed by the appellant is maintainable. As far as the appellant is concerned, it has been asked to deposit the total amount claimed or face decree for the total amount claimed.;


Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.