(Judgment of the Court was delivered by RAJIV SHAKDER, J)
1. This is an appeal against a judgment and decree dated 23.01.2017 passed by the learned single Judge.
2.The suit was filed by the respondent under Order XXXVII of the Code of Civil Procedure.
3. In the suit, the relief sought was to pass a judgment and decree in a sum of Rs.35,23,363/- along with simple interest at the rate of 18% from 15.09.2012 till the date of filing of the plaint and thereafter, future interest on the suit amount i.e., 35,23,363/- at the same rate of 18% simple interest from the date of institution of the suit till the date of realization.
4.The learned single Judge decreed the suit in terms of prayer made.
5.To be noted, notice was issued in the appeal on 20.07.2017. We note that during the pendency of the appeal, pursuant to our order dated 09.08.2017, the appellant has created a Fixed Deposit equivalent to value of the principal sum i.e., Rs.35,23,363/-. The resultant Fixed Deposit Receipt (FDR) drawn in favour of the Registrar General of this Court.
6.Given this position, learned counsel for the parties agree that the appeal can be disposed of with the following directions:
I) The impugned judgment and decree be set aside. The suit be treated as an ordinary Civil Suit.
II)The appellant will file a written statement within two (2) weeks from the date of receipt of a copy of this order.
III) The respondent will file a replication within one (1) week of receipt of copy of the written statement.
IV) The matter will be placed before learned single Judge on 11.12.2017, for framing of issues.
V) The respondent will file his proof affidavit(s) within one (1) week from 11.12.2017.
VI) The matter will be placed before the learned Master on 19.12.2017, for cross examination of respondent's witnesses.
VII) Immediately upon completion of the cross-examination of the respondent's witnesses, the appellant will file its Proof Affidavit (s) within a period of one (1) week thereafter.
VIII) The learned Master will fix a date for cross-examination of the appellants witnesses in the second week of January 2018.
IX) Immediately upon completion of trial, the learned Master will place the matter before the concerned Court for arguments on 31.01.2018.
X) The amount mentioned in aforementioned FDR shall abide by the result in the suit. The interest from time to time will be reinvested. The appellant will ensure the renewal of the FDR and reinvestment of interest till such time orders to the contrary are issued by the Court.
7. The appeal is disposed of with the above directions. There shall, however, be no order as to costs.