JUDGMENT
1. Heard counsel for the appellant and Shri Saran, counsel for the respondent.
2. The plaintiff is the Indian Overseas Bank, which filed a suit for recovery of a huge amount against the defendant-appellant. Pending the suit, the plaintiff-bank made an application for an ad interim injunction praying that the defendant-appellant be restrained from withdrawing the rent deposited by the plaintiff-bank in Suit No. 54 of 1990, filed by the defendant-appellant. The plaintiff-bank was a tenant of the defendant-appellant, who filed Suit No. 54 of 1990 for recovery of rent, etc., and in that suit the defendant-appellant deposited rent in view of Order 15, Rule 5 as inserted by the U. P. State Amendment in the Civil Procedure Code.
3. The submission of counsel for the defendant-appellant is that in view of the second proviso to Rule 5(3), Order 15 of the Civil Procedure Code, the defendant-appellant could be asked to furnish security before withdrawing the rent deposited in Suit No. 54 of 1990 and the interim injunction passed by the court below restraining the defendant-appellant from withdrawing the rent due to the defendant-appellant is bad in law. We are not very much impressed by this submission of counsel for the defendant-appellant. When a suit is filed by the plaintiff-bank for recovery of a huge amount and if some amount is due to the defendant-appellant, then surely to secure the loan the plaintiff-bank can make a prayer for restraining the defendant-appellant from withdrawing that amount.
4. Then the submission of counsel for the defendant-appellant is that the defendant-appellant will suffer unnecessarily the loss of interest, because rent was deposited in Suit No. 54 of 1990 with the court and no interest is accruing thereon. So far as this submission is concerned the loss of interest can be avoided by depositing the amount of rent in an interest bearing scheme.
5. For these reasons the F. A. F. O. is dismissed in limine with the observations that the rent deposited by the plaintiff-respondent in Suit No. 54 of 1990 filed by the defendant-appellant shall be deposited in an interest bearing scheme of a nationalised bank by the court below within fifteen days from today in the name of the defendant-appellant but disbursement of that amount will be subject to the decision of the present Suit No. 61 of 1984. We hope and trust that the said suit will be expcditiously decided by the trial court.