MAHARAJI EDUCATIONAL TRUST Vs. PUNJAB AND SIND BANK

JUDGEMENT

(1.) In this appeal, the appellants have challenged the order of the learned Single Judge of this Court dated January 12, 2006 directing them to amend their suit within two weeks from the date of the order and in the event of failure to amend the suit, the suit was liable to be dismissed.

(2.) We have heard the learned Counsel for the parties and have also gone through the impugned order and other related material on record carefully.

(3.) The brief facts of the case that led to the filing of this appeal are that the appellants had filed a suit for declaration seeking a declaration to the effect, that the communication dated 22.8.2005 sent by respondent No. 1 repudiating the settlement dated 23.7.2005 which took place between the parties in bank recovery matter, is illegal, void and is vitiated by fraud. The settlement is purported to had been arrived at between the parties on 23.7.2005 whereby the parties allegedly agreed to settle the account of the appellants with the respondent No. 1 for Rs. 24 crores and towards that settlement, the appellants sent a token amount of Rs. 1 crore to respondent No. 1 which the respondent No. 1 vide its communication dated 22.8.2005 ordered to keep it under 'no lien account with the bank'. It is this communication by which the appellants are agitated and they thus filed the suit for getting the aforesaid communication declared as null and void on grounds mentioned in the suit. The appellants, along with the suit, had also filed an application under Order 39 Rules 1 and 2, CPC for an ad interim injunction order restraining the respondents from giving effect to their communication dated 22.8.2005 till the disposal of this suit. This application for interim relief is listed for hearing before the learned Single Judge on 8.3.2006.