S.K. OBEROI Vs. UCO BANK AND ORS.

JUDGEMENT

(1.) This appeal is on the 'Regular Board' since 4th July, 2011. On 17th July, 2007, it has been recorded that the decretal amount has already been deposited in RFA 90/2007 and has also been received by Respondent No. 1 bank/Plaintiff (hereinafter, 'Plaintiff'). Hence, stay of execution was granted.

(2.) On 28th July, 2011 there was no appearance for the Appellant/Defendant No.4 (hereinafter, 'Defendant No.4') and the appeal was dismissed. Thereafter, applications were filed by Defendant No.4 for restoration and on 2nd March, 2012 the appeal was restored to its original number. The matter has been on the regular board ever since.

(3.) This appeal is old and is of the year, 2007. It impugns judgment and order dated 16th November, 2006, by which the suit filed by the Plaintiff for recovery of sum of Rs. 8,90,791/- against the Defendants was decreed in its favour but to the extent of Rs. 2,61,375/- (Rs. 1,50,000/- as principal amount plus Rs. 1,11,375/- towards interest) along with pendente lite and future interest @ 9% p.a. from date of filing of the suit till realisation, and costs of the suit. The Trial court held all Defendants i.e., Defendant Nos. 1, 2, 3, and 4 in the suit, jointly and severally liable for the decretal amount. Brief Background