SYNDICATE BANK Vs. CROWN ELECTRO MOTOR WORKS

JUDGEMENT

(1.) THIS case is on the Regular Board of this Court since 16.1.2012. Today, the matter is effective item no.3 on the Regular Board. Counsel for the appellant has been fair in informing the counsel for the respondent of the appeal coming up for hearing. Counsel for the respondent states that her client/respondent no.3 is no longer in touch with her for many years. I have therefore heard the counsel for the appellant and after perusing the record am proceeding to dispose of the appeal.

(2.) THE challenge by means of this Regular First Appeal filed under Section 96 of the Code of Civil Procedure, 1908 (CPC) is to the impugned RFA No.828/2003 Page 1 of 6 judgment of the Trial Court dated 3.5.2003 dismissing the suit of the appellant/plaintiff-bank for recovery of Rs.3,29,524/-.

(3.) THE plaintiff-bank averred that the hundis dated 19.12.1980 and 12.1.1981 after being accepted were dishonoured by the acceptors/drawees namely M/s. Bindal Electrical and M/s. Thitta Engineers, and therefore, the respondents/defendants became liable to pay the suit amount.