KONE INTERNATIONAL P LTD Vs. SYNDICATE BANK

JUDGEMENT

(1.) The present Civil Revision has been filed by the defendants inter alia alleging that the condition of furnishing the Bank Guarantee imposed by the learned trial Court while granting the leave to defend vide impugned order dated 21-9-1993 was illegal and they have prayed that they should be permitted to defend the suit without any condition.

(2.) The plaintiff Bank filed a suit for recovery of Rs. 24,36, 804.87 under Order 37 of the Code of Civil Procedure against M/s. Kone International Private Ltd., through Shri Surinder Kumar, Managing Director, Smt. Savitri Devi was arrayed as defendant No. 3 in the said suit being guarantor, Smt. Savitri Devi died and her legal representatives were brought on record. The defendant petitioners filed an application for leave to defend under provision of Order 37 of Code of Civil Procedure and the learned trial Court while disposing of the said application came to the conclusion that the legal representatives of the Guarantor were not party to the loan transaction and could not be aware of the Guarantee deed and, thus, triable issue arises on the basis of application and the reply. It has been further concluded by the trial Court that it could not be said that the defence which the defendants wanted to raise was frivolous. However, while granting the permission to contest the suit a condition of furnishing bank guarantee of the amount of suit was imposed by the trial Court vide impugned order. The matter is short and the facts are by and large undisputed for the limited purpose of disposal of revision petition.

(3.) After hearing the counsel for the parties and perusing the material on the record, I am disposing of the revision petition finally.