RFA No. 31/2008 Page 1 of 3 * IN THE HIGH COURT OF DELHI AT NEW DELHI + RFA No. 31/2008 Date of Decision: 14th May, 2008 # Rajesh Bansal & Anr. ..... Appellant ! Through: Mr. Amit Jagga, Adv. Versus $ Shashi Bhushan Dhamija ..... Respondent ^ Through: Mr. Naveen Pushkarna, Adv. % CORAM: HON'BLE MR. JUSTICE T. S. THAKUR HON'BLE MR. JUSTICE SIDDHARTH MRIDUL 1. Whether reporters of local papers may be allowed to see the judgment? Not necessary. 2. To be referred to the Reporter or not? Not necessary. 3. Whether the judgment should be reported in the Digest? Not necessary. J U D G M E N T Per Thakur, J(oral) This appeal arises out of an order passed by the Court of Additional District Judge, Delhi in a suit for recovery of a sum of Rs.9,71,384/-. Since the suit was filed under Order 37 of the CPC. The appellants appear to have made an application for leave to defend which application has been dismissed by the court below holding that the same did not disclose any triable issue. The suit was consequently decreed aggrieved whereof the appellants have filed the present appeal. When the appeal came up before us for admission today, Mr. Jagga, counsel for the appellant made a statement which we have separately RFA No. 31/2008 Page 2 of 3 recorded, that the appellants are ready and willing to deposit the entire suit amount in the Trial Court as a condition precedent for the grant of leave to defend the suit. Learned counsel for the respondent has also made a statement which too has been separately recorded stating that the plaintiff/respondent is agreeable to the matter being remitted back for a full fledged trial provided the appellants deposit the entire suit amount in the Trial Court. In the circumstances, therefore, and keeping in view the broad agreement that has been arrived at between the parties, we are of the view that the impugned judgment and decree can be set aside and the appellants granted leave to defend the suit subject to their depositing the entire suit amount in the Trial Court. We, accordingly, allow the appeal set aside the impugned judgment and decree, grant leave to the appellants to defend the suit and remit the matter back to the Trial Court for a full fledged trial, subject to the appellants depositing the entire suit amount in the said court within a period of six weeks from today. We make it clear that, in case, the entire suit amount is not deposited by the defendant/appellant within the time allowed by this Court, this appeal shall stand dismissed without any further reference to the Court. The Trial Court shall, upon deposit of the amount, invest the same in a term deposit to enure for the benefit of the successful party in the suit. The appeal is with the above direction, disposed of, leaving the parties to bear their own costs. RFA No. 31/2008 Page 3 of 3 The parties are directed to appear before the Trial Court for direction on 26th May, 2008. T.S. THAKUR, J. SIDDHARTH MRIDUL, J. MAY 14, 2008 ns