- (1.) Leave granted.
(2.) We make it clear at the outset that we are not expressing any opinion on merits as regards the contentious controversy between the parties in the dispute in several suits in the High Court on the original side and appeals arising thereunder and some orders passed by this Court in that behalf. We are concerned in this appeal with the legality of the order of the learned single Judge in review order dated December 23. 1994 in appeal No. 514/92.
(3.) The admitted position is that there was an agreement between Terai Tea Co. Pvt. Ltd. said to be having shares and represented by Ajit Kumar Agrawal as its Managing Director who was said to be in the management of Dharanipur Tea Estate and the appellant for sale of tender and good quality green tea leaves of the Dharanipur Tea Estate and in consideration thereof a sum of Rs. 20 lakhs was advanced. It is not in dispute that Rs. 20 lakhs came to be deposited with a Court Receiver in a pending suit. The appellant filed the suit No. 89/91 for specific performance of the said agreement. In that suit, an application for ad interim injunction under Order 39. Rule 1, CPC was filed but the same was dismissed. On appeal, by consent of the parties, the suit itself was taken up. While dismissing the suit for specific performance, the Division Bench by judgment dated April 25, 1994 directed refund of a sum of Rs. 19,33,873.74 which was with the Court Receiver with interest thereon to the account of the suit maintained by the Court Receiver. Thereafter an application for review came to be filed. In the impugned order the learned single Judge held that the direction for refund of the amount was bad in law. Calling that order in question, this appeal has come to be filed.;