(1.) Plaintiff is in appeal against rejection to its plaint by the trial court applying the provision of Order VII Rule 11(d), C.P.C., by the impugned order. In response to notice regarding admission, the respondent bank is duly represented. It has also filed in the form of a short paper book certain material reflecting the factual position.
(2.) I have heard the learned counsel on both sides, viz., Sri Dhananjay Joshi for the appellant and Sri B.S. Shashibhushan for the respondent, and examined the records in supplementation thereto.
(3.) Before I advert to the contentious issues raised by the learned counsel on both sides, a brief reference to the factual matrix is necessary. It is: