HEMANT KUMAR SINGHAL Vs. INDIAN OVERSEAS BANK

JUDGEMENT

(1.) The Petitioner/Defendant No. 2 - Mr. Hemant Kumar Singhal (hereinafter Defendant No.2) is aggrieved by the impugned order dated 17 th August, 2019 passed by the ld. ADJ allowing the application under Order XVIII Rule 3 CPC for leading evidence in rebuttal and evidence of an expert witness.

(2.) The Respondent No. 1/Plaintiff - Indian Overseas Bank (hereinafter Bank) filed a suit for recovery of Rs.5,71,920/- along with interest against Respondent No.2/Defendant No.1 - Mr. Praveen Kumar Jain who had allegedly taken a loan vide application dated 2nd March, 2006 for a sum of Rs.6 lakhs. The same was for the purpose of purchase of a car - Ford Fiesta. It is the case of the Bank that the Defendant No.2 had stood guarantor for the said loan and that both the Defendants are therefore jointly and severally liable.

(3.) In the written statement, the case of Defendant No.2 was that he had taken a loan for purchase of a Honda City car in February, 2006 and had fully repaid the loan by 2009. When he had sought a No Dues Certificate in respect of the said loan, the same was not issued by the Bank. Defendant No.2 thereafter served notice dated 21st January, 2011 upon the Bank. In reply to the said notice dated 21st February, 2011, it was alleged by the Bank that Defendant No.2 had stood guarantor for the loan of Defendant No.1 which was denied by the Defendant No.2. The stand of Defendant No.2 was that Defendant No.1 may have produced forged signatures of Defendant No.2 and that he had never stood guarantor for any loan of Defendant No.1.