A.N.Sen, CJ. - (1.) This appeal arises out of a final judgment passed by Mrs. Padma Khastagir J. on the 19th December, 1979 in a proceeding under Chapter XIIIA of the Original Side Rules of this Court. The plaintiff instituted this suit against the bank for recovery of a sum of Bs. 23,11,507 on the basis of a bank guarantee, interest and costs. In the said suit the plaintiff made the present application for final judgment under Chapter XIIIA of the Original Side Rules of this Court. The learned Trial Judge passed a decree for the amount claimed in the plaint with interim interest and further interest at the rate of 6 per cent annum and costs. It appears that the learned Judge did not deliver any judgment in support of the order passed. Against the said order of the learned Trial Judge the defendant bank has preferred this appeal.
(2.) Two main contentions have been raised by Mr. Bachawat who appeared on behalf of the appellant bank in this appeal and the said contentions are: (1) the said bank guarantee had not become enforceable and the learned trial Judge was not right in passing a decree on the basis of the said guarantee and in enforcement thereof; (2) this Court has no jurisdiction to try and entertain the suit.
(3.) It may be noted that the defendant bank had also made an application before the learned trial Judge for revocation of leave under Clause 12 of the Letters Patent granted by this Court to the plaintiff for instituting this suit in this Court. The said application of the defendant was also dismissed by the learned Trial Judge. It appears that no appeal against the said order of the learned Trial Judge has yet been filed, though the time for preferring the appeal has not yet run out.;