CHEMICALS OF INDIA Vs. GOM INDUSTRIES LTD
HIGH COURT OF DELHI
CHEMICALS OF INDIA
GOM INDUSTRIES LTD
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(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.;
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