KUNNOTH MOIDU Vs. MOHAMMED IQBAL SHAH DIRECTOR

JUDGEMENT

(1.) Challenging the dismissal of his third party claim under Order VIII A Rule 8 of the Code of Civil Procedure, 1908 (hereinafter referred to as 'the Code') the Subordinate Judge's Court, Vadakara, through order dated 07.03.2009 in I.A.416/2002 in O.S.47/2001, the defeated 4th defendant has come up in revision.

(2.) O.S.47/2001 was a suit for money filed by the ING Vysya Bank Limited, Calicut as plaintiff against the 1st defendant company and defendants 2 to 6, who were its Directors. The 4th defendant, who is the petitioner herein, filed a written statement contending as follows:-

(3.) Defendants 2, 3 and 5 in the suit are the respondents in the third party claim. According to the petitioner, defendants 2, 3 and 5 had independently executed Exts.A1 to A3 indemnity bonds dated 17.12.1996.