- (1.) THIS appeal is directed against decree dated 15th December, 2006 passed in connection with Suit No. 61 of 1994 by the hon'ble Single Judge of this Court. The said suit was brought by the present respondent No. 1 against the respondent No. 2 and present appellant with relief as per prayers (a) to (h) of the plaint.
(2.) THE fact leading to filing of the said suit may be summed up thus: i) That the respondent No. 1 on the basis of agreement entered in between the respondents supplied 50mt of T-3 MS round materials to the respondent No. 2. As per agreement, the respondent No. 2 who was the plaintiff before the Suit Court raised bill and on the basis of the said bill, the respondent No. 2 who was defendant No. l before the Court below issued post-dated cheques. ii) It is the case of the plaintiff that the defendant No. 2 who was appellant before this Court undertook to honour the cheques which will be produced by the plaintiff before the bank. iii) Subsequently, the plaintiff produced the said cheques details of which were duly mentioned in the plaint but those were dishonoured by the bank. Finding no other alternative the plaintiff had to file the suit with claims as per prayers of the plaint. iv) The Hon'ble Single Judge by order dated 15th December, 1995 allowed the application of the plaintiff for passing judgment on admission in terms of prayers (a) to (d) of the petition. The Hon'ble Single Judge further directed the bank to pay a sum of 100 GMs as cost for deliberate delay caused by the bank.
(3.) BEING aggrieved by the said order of the Hon'ble Single Judge, the instant appeal has been preferred by the defendant bank.;