Gireeshan S/o Gopi v. K. Chandran S/o Krishna Nadar
2021-03-19
T.V.ANILKUMAR
body2021
DigiLaw.ai
JUDGMENT : 1. The first defendant in O.S. No. 38/2015 before the Sub Court, Thiruvananthapuram, filed I.A. No. 1969/2018 seeking release of money which was deposited by the second defendant in the suit pursuant to an order passed by that court in I.A. No. 871/2015. 2. The suit was ultimately rejected for non payment of court fee and the order of rejection has attained finality. After dismissal of the suit, the first defendant approached the court below for release of the money which is in deposit made at the instance of the second defendant, Corporation of Thiruvananthapuram requesting that the amount may be released. 3. The first defendant is a contractor. An order was passed on I.A. No. 871/2015 by the court below at the request made by the plaintiff in the suit, for a direction to the second defendant to deposit the amount which it would otherwise be liable to pay to the first defendant. 4. The court below after hearing the parties on I.A. No. 1969/2018, refused to order release of the amount taking a view that the appropriate course open to the petitioner is to approach the second defendant and claim the amount in legal manner. 5. Strictly speaking, I do not find any illegality or impropriety in the order passed by the court below. There is nothing to show that the second defendant acknowledged the amount in deposit as belonging to the first defendant. The second defendant has filed a statement before this Court submitting that appropriate orders could be passed in this matter by this Court. 6. Learned counsel for the petitioner submits that he would be satisfied if the second defendant would take up the matter and pass necessary orders on an application to be submitted by the first defendant before it for release of the amount. 7. In view of what has been discussed above, the original petition is dismissed. This order, however, will not stand in the way of the first defendant approaching the second defendant and pursuing his claim in accordance with law. 8. All pending interlocutory applications are closed.