FEDERAL BANK LTD. Vs. B. M. BAJAJ

JUDGEMENT

(1.) The present Appeal, filed by the Appellant, assails the correctness of the judgment and decree dtd. 13/2/2023 [hereinafter referred to as 'Impugned Order'] passed by the learned Commercial Court in CS(COMM) No. 349/2021, whereby the suit filed by the Appellant for recovery of Rs.10,91,115.00 along with interest came to be dismissed.

(2.) The Respondents, despite service, neither entered appearance before the learned Commercial Court nor filed their written statement and were accordingly proceeded ex-parte. Even before this Court, none has entered appearance on their behalf despite service. The Appeal is, therefore, being adjudicated after hearing learned counsel for the Appellant and upon careful perusal of the record.

(3.) The principal issue that arises for consideration in the present Appeal is whether the learned Commercial Court was justified in dismissing the Appellant's suit as being barred by limitation and further holding that the Appellant had failed to duly prove its claim on account of alleged deficiencies in authorization of its representative and want of material particulars regarding the liability of the legal heirs of the original borrower.