STANDARD CHARTERED BANK Vs. SATISH KUMAR GUPTA

JUDGEMENT

(1.) THIS case is on the Regular Board of this Court since 16.1.2012. Today the matter is effective item No.13 on the Regular Board. No one appears for the respondent. I have therefore heard the counsel for the appellant, perused the record and am proceeding to dispose of the appeal.

(2.) THE challenge by means of this Regular First Appeal filed under Section 96 of Code of Civil Procedure, 1908 (CPC) is to the impugned judgment of the trial Court dated 1.7.2003 dismissing the suit of the appellant/plaintiff-bank for recovery of the balance due on an overdraft facility which was granted to the respondent. The suit was dismissed although the appellant/plaintiff proved and exhibited all the security documents. The trial Court dismissed the suit holding the same to be barred by limitation.

(3.) I agree with all the aforesaid arguments as advanced on behalf of the counsel for the appellant and adopt them in totality and am not reproducing them to avoid repetition.