STATE BANK OF INDIA Vs. SHANKAR LAL
HIGH COURT OF CHHATTISGARH
STATE BANK OF INDIA
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V.K.Shrivastava, J. -
(1.) This appeal is directed against the judgment and decree dated 13-3-1996 passed by IInd Additional Distt. Judge, Rajnandgaon, in Civil Suit No. 18-B/94 whereby the suit filed by the respondents for recovery of Rs. 71,607.00 alongwith interest, has been dismissed.
(2.) For disposal of this appeal materials facts, in brief compass, are that the appellant invoking the provisions contained in Order 37 of the Code of Civil Procedure, 1908 instituted a Civil Suit for recovery of Rs. 71,607.00 alongwith interest. The claim was made on the averment that the respondent No. 1 applied for a medium term commercial loan of Rs. 37,500.00 in the shape of term loan facility for purchase of new Bi-cycles and accessories. After due processing of the application, the above term loan was sanctioned and on 28-9-1989 the loan was disbursed from the loan Account No. T.L./89/13. Respondent No. 2 stood surety for the said loan. Both the respondent Nos. 1 and 2 executed several documents against the grant of the said loan. Respondent No. 1 as his last deposit, made a deposit of Rs. 500.00 on 20-5-1992 and thereafter failed to repay the balance amount together with interest. For repayment of remaining amount legal notices were served on respondents. However, despite that no amount towards balance was paid, therefore, the Bank filed a suit for recovery of balance amount.
(3.) Respondent No. 1 remained ex parte in the suit. Respondent No. 2 obtained permission to defend the suit, but failed to file written statement or objection against the appellant's claim and later on also remained ex parte. Appellant in support of his claim filed original documents and adduced oral evidence, but learned Court below held that, on evidence of bank employee- namely, Anil Kumar Mishra, the suit filed by the appellant could not be held proved and accordingly dismissed the suit.;
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