RAMESH Vs. RATNAKAR BANK LIMITED

JUDGEMENT

(1.) Leave granted.

(2.) The respondent-Bank filed a suit in the year 1996 for recovery of Rs. 19.60 lakhs. It appears that the respondent was also a tenant of the appellants in the building constructed, by utilisation of the loan granted by the Bank. Inasmuch as the appellant did not file any written statement within the time granted by the Court, an ex parte decree was passed on 10. 11.1997. The applications filed thereafter, for setting aside the said order and for condoning the delay in filing the said application, were dismissed by the trial court on 10. 2.1999. The High Court initially passed an order on 27.9.99 directing the appellant to deposit Rs. 20 lakhs. The appellant was not able to deposit the said amount. Thereafter, the High Court passed the present order (impugned order) on 11.10. 99, refusing to set aside the ex parte decree. It is against the said order that this appeal is preferred.

(3.) This Court passed an order on 24/4/2000 directing the appellant to deposit Rs. 7,00,000. 00 (Rs. seven lakhs) within eight weeks. The said amount has been deposited.