PRAKASH CHAND Vs. ICICI BANK LTD

JUDGEMENT

(1.) No one appears for the appellant although it is 2.25 P.M. I have therefore heard the counsel for the respondent and perused the record. I am therefore proceeding to decide this appeal.

(2.) The challenge by means of this RSA is to the concurrent judgments of the Courts below; of the trial Court dated 23.4.2012 and of the appellate Court dated 20.12.2012; dismissing the leave to defend application filed by the appellant/defendant in a suit under Order 37 of Code of Civil Procedure, 1908 (CPC) filed by the respondent/plaintiff/bank. The defendant/appellant in the leave to defend application admitted taking of the loan and making payment of only 12 instalments out of the 35 EMIs. It was contended that appellant/defendant suffered loss on account of government policy stopping operating diesel vehicles and therefore suit was contested.

(3.) The Courts below in my opinion have rightly held that on such a defence no triable issue arises and therefore leave to defend cannot be granted. I may note that before the appellate Court an additional ground was claimed of inclusion of certain charges towards dishonour of negotiable instrument, however, since no such ground was pleaded in the application for leave to defend, the appellate Court rightly declined to consider the same.