Summary suit

Querist : Anonymous (Querist) 10 January 2023 This query is : Resolved
I have filed a commercial summary suit for recovery of my dues. the court has passed conditional leave to defend and directed the defendants to deposit the amount admitted by the defendant in their reply to my summary judgment.
my query is that, can I make any application and get said amount withdraw? my advocate said that I cannot apply for withdrawal of said amount deposited by the defendant until and unless I succeed in the matter.
Please help me and reply urgently as my matter is posted on next week.

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kavksatyanarayana (Expert) 10 January 2023
Yes. What your lawyer said is correct.

R.K Nanda (Expert) 12 January 2023
you cannot withdraw said amount till the pendency of suit.

Advocate Bhartesh goyal (Expert) 12 January 2023
You may file application u/order 12 rule 6 of CPC and prey therein that partly decree be passed on admitted facts ( for the admitted amount ) without determining Other issues.

Pradipta Nath (Expert) 13 January 2023
You can't obtain the money. The subject matter is itself disputing and you are contesting.

P. Venu (Expert) 18 January 2023
Any suggestion requires that the reply filed by the defendants be perused.

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