INDIAN BANK Vs. S.N. ENGINEERS & SUPPLIERS

JUDGEMENT

(1.) Respondent No.1 filed a suit, inter alia, for a decree of recovery of Rs.10,71,730.93 p. against the defendants jointly and/or severally; and for a decree for Rs.9,51,813.93 p. against the defendant No.2 (appellant herein). M/s A.J. Forgings Private Limited, Respondent No.2 in the appeal has been set ex parte.

(2.) The averments in the plaint filed in the suit refer to an undertaking given by the appellant by letter dated 1st September, 1992 to honor the cheques issued by the Respondent No.2 (defendant No.1) not exceeding Rs.6,80,000/-. A written statement was filed by the appellant (defendant No.2) in the suit wherein there has been no specific denial about the undertaking given by it by letter dated 1st September, 1992. On the other hand, the appellant has stated in paragraph 4 of the written statement that only a copy of the letter dated 1st September, 1992 was produced which does not carry a seal of the Bank.

(3.) An application under Order XII Rule 6 of the CPC was filed by the Respondent No.1 herein (plaintiff in the suit) for passing a judgment on admission which was allowed by the learned single judge of the High Court by a judgment and order dated 15th December, 1995 as modified by order dated 3rd March, 1997. The said judgment and order dated 15th December, 1995 as modified by order dated 3rd March, 1997 was confirmed by a Division Bench of the High Court by the impugned judgment and order dated 28th February, 2008. Aggrieved, this appeal has been filed by the appellant Bank.