Decided on September 27,2005



Pratibha Upasani, - (1.) THIS miscellaneous appeal is filed by the appellant/original defendant No. 4 Mr. Arvind Deshmukh being aggrieved by the order dated 18th September, 2003 passed by the learned Presiding Officer of the D.R.T., Nagpur in interlocutory application No. 755/2002 in Original Application No. 473/2001. By the impugned order, the learned Presiding Officer dismissed the application made by the appellant in which he had prayed for striking out his name from the array of defendants.
(2.) I have heard Mr. Deo for the appellant and Mr. Maniyar for the respondent No. 1 Bank. I have gone through the proceedings including the impugned order and, in my view, the learned Presiding Officer has not committed any error in dismissing the application made by the appellant. Proceedings reveal that the defendant No. 4 has already filed his written statement and has taken certain defences. Thereafter without allowing the matter to proceed in accordance with law and culminate in the final order, suddenly the appellant came out with this application that his name be deleted from the array of parties. This averment is made by him submitting inter alia that no cause of action arose against him, that he was neither borrower nor guarantor to the alleged transaction and that he was not signatory to any of the board resolutions authorizing the other defendants to seek financial assistance from the applicant Bank, etc.
(3.) I t is to be highlighted that all the averments made by the appellant in his written statement, so also in the interlocutory application are his defences. However, whether there is cause of action against this defendant or not is to be seen from the averments made by the plaintiff in his plaint and for that purpose, reading of plaint is necessary. Having gone through the same, this is what, the applicant Bank has stated in para No. 5.3. The said averment can be given below for the sake of convenience:;

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