KRISHNA BHATT Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) The revision petitioner is the petitioner herein. He has prayed for the review of the order dated 13th December, 1988 dismissing the C. R. P.

(2.) Facts relevant and requisite to consider the questions involved in the case lie in a narrow compass. The first respondent State Bank of India obtained a decree against the second respondent for a sum of Rs. 1,40,000/-. To execute the decree the bank filed E.P. 177/86. The Bank immediately thereafter filed E.A. 165/87, impleading not only the judgment debtor but also the petitioner herein and the third respondent Corporation Bank as respondents, under O.21 R.43 and 46 C.P.C. and sought for an order prohibiting the third respondent from giving away the amount of Rs. 10,858.70 ps. credited in the account of the second respondent. It is relevant in this context to bear in mind the specific case of the Bank that this amount of Rs. 10,858.70 ps. forms part of the amounts misappropriated by the judgment debtor the second respondent from the Bank and hence the bank is entitled to recover it whether it is in the custody of the second respondent or in the custody of any other person. The petitioner, according to the Bank, in only a name lender.

(3.) I shall in this connection refer to the following excerpt from the order under attack as it highlights those aspects which weighed with the court below in passing the order under challenge:-