ABN AMRO BANK Vs. PUNJAB URBAN P AND D AUTHORITY

JUDGEMENT

(1.) On or about 15-6-1996 the Punjab Urban Planning and Development Authority instituted a suit for the recovery of Rs. 65,58,981.00 with future interest at the rate of 17% per annum and for declaration that the agreement/waiver letter dated 7-7-1993 written by the plaintiff to the defendant was not binding on the plaintiff. Upon service of summons, the defendant filed an application under Order 7, Rule 11 read with Section 151 of the Code of Civil Procedure for rejection of the plaint in the above suit on 26-9-1996. In this application, the defendant had taken the following grounds for substantiating its plea of rejection of the plaint :-

(2.) Reply to the application was filed and it was contested by the plaintiff. Learned trial Court vide its order dated 4-3-1997 dismissed the application of the defendant and allowed the application of the plaintiff for admission and denial of documents. The concluding part of the impugned order dated 4-3-1997 reads as under :-

(3.) As no interim order of stay of the proceedings in the suit was granted by the Court, the proceedings before the learned trial Court continued and the defendant filed their written statement dated 30-4-1997. It must be noticed that in the written statement filed by the defendant a number of preliminary objections have been taken. Amongst others, specific preliminary objections have been taken on the ground that the suit was not maintainable and was barred by accord and satisfaction, waiver and estoppel founded on the averments made in the written statement. Plea of estoppel and the plaint not disclosing appropriate cause of action have also been taken. These preliminary objections have been denied in the replication filed by the plaintiff.