In the High Court of Punjab and Haryana at Chandigarh R.S.A.No. 583 of 2009 (O&M) Date of decision: 24.8. 2009 Food Corporation of India and another ......Appellants Versus M/s Natha Singh Thandu Ram .......Respondent CORAM: HON'BLE MRS. JUSTICE SABINA Present: Mr. Hari Pal Verma, Advocate, for the appellants. Mr.K.K.Goel, Advocate, for the respondent. **** SABINA, J. Plaintiff-respondent had filed a suit for mandatory injunction and the same was dismissed by the trial Court vide judgment and decree dated 13.8.2005. However, in appeal, the suit of the plaintiff was decreed and it was held that the plaintiff was entitled to recover Rs.6,75,323/- from the defendants along with interest @ 12% per annum from 11.11.2008. Hence, the present appeal. Learned counsel for the appellants has submitted that the appellants were ready to release the decreed amount in question to the plaintiff-respondent along with interest @ 6% per annum from R.S.A.No. 583 of 2009 (O&M) -2- 11.11.2008 onwards subject to its furnishing bank guarantee with regard to the said amount as some other litigation is pending between the parties. By furnishing the bank guarantee with regard to the said amount in question, in this case, the interest of the appellants would be safeguarded. Learned counsel for the respondent has submitted that the amount in question was deposited by the plaintiff with the defendant-appellants as security and now the same was liable to be released to it. Respondent was ready to furnish bank guarantee with regard to the amount in question. Learned counsel has further submitted that the offer made by the learned counsel for the appellants regarding release of decretal amount along with interest @ 6% per annum was acceptable to him. This would satisfy the claim of the respondent-plaintiff in the suit. Accordingly, this appeal is disposed of in terms of the statements made by counsel for the parties. The appellants shall release the amount of Rs.6,75,323/- along with interest @ 6% per annum from 11.11.2008 to the plaintiff subject to its furnishing bank guarantee. The parties shall remain bound by the statements made by their counsel. The impugned judgment and decree stand modified in the above terms. (SABINA) JUDGE August 24, 2009 anita