The Hongkong And Shanghai Banking ... vs Mrs. Amra Kumar Pathania And Ors.
2006 Latest Caselaw 327 Del

JUDGMENT

Badar Durrez Ahmed, J.

1. The possession of the property bearing Flat No. 19, 1st Floor, ECE House Main Building, is already with ECE Industries Limited, the defendant No.3 in S.No. 1616/2001. Counsel for the parties agree that both these suits can be disposed of by directing that the payment of a sum of Rs 64,23,420/- be deposited with the Registrar of this Court and the same be permitted to be withdrawn by the said ECE Industries Limited. This would put an end to the litigation in both the suits. Civil Suit No. 1616/2001 has been instituted by M/s the Hongkong and Shanghai Banking Corporation Limited by way of an interpleader since the plaintiffs were not sure of the person to whom the payment has to be made and the possession of the suit property is to revert. Civil Suit No. 2509/2001 has been filed by the said ECE Industries Limited seeking possession in respect of the same property. Now that possession is already with the ECE Industries Limited and there is no other claimant for the same, both the suits are disposed of with the directions that the said sum of Rs 64,23,420/-, which will be deposited by the said Hongkong and Shanghai Banking Corporation Limited today itself with the Registrar of this Court, shall be released to ECE Industries Limited, the plaintiff in S. No. 2509/2001 and defendant No.3 in S.No. 1616/2001. Upon deposit of the said amount with the Registrar of this Court, the said Bank being the plaintiff in S.No. 1616/2001 shall stands discharged of its liabilities towards the defendants in respect of the suit properties including the handing over of possession which already is with the defendant No.3.

The suits stand disposed of accordingly.