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PETITIONER: RAJESH AHUJA

       Vs.

RESPONDENT: MANOJ MITTAL & ANR.

DATE OF JUDGMENT:       05/12/1997

BENCH: CJI, B.N. KIRPAL

ACT:

HEADNOTE:

JUDGMENT:                       J U D G M E N T Verma, CJI.      Leave granted.      Having heard the learned counsel for the parties we are not inclined  to  interfere  with  the  grant  of  leave  to defendant, but we are of the opinion that the terms on which leave has  been granted  should be modified. We are informed that the  sum of  Rs. 10  lacs has already been deposited in cash by  the respondent  herein with  the High Court against the entire claim in the suit while security has been offered for the  amount of  Rs.10 lacs.  We Modify  the condition of grant  of  leave  and  direct  the  defendant/respondent  to deposit a  further sum of Rs. 10 lacs in the High Court. The entire amount  of Rs. 20 lacs would be kept in fixed deposit so that  it is  available for  being paid  to the successful party as  result of  the decision  of the  trial  court.  On deposit of  the balance  amount of  Rs. 10  lacs in the High Court within  8 weeks,  the documents  for  the  purpose  to security furnished  by the defendant/respondent. The appeals are disposed of accordingly.