KARUR VYSYA BANK LTD Vs. GHANSHYAM M NAKUM

JUDGEMENT

(1.) The petitioner-Karur Vysya Bank Limited with its Chief Manager (Inquiry Officer) is before this Court being aggrieved by the judgement and order dated 27.01.2009 passed by the learned 3rd Additional Senior Civil Judge, Rajkot in Regular Civil Suit No.636 of 1999. Learned advocate Mr.Dave invited attention of the Court to the fact that the court has held that civil court has no jurisdiction. The learned Judge has taken trouble to frame issues and record findings about that. While recording findings on the issues, has made observations which are not warranted.

(2.) The fact that the civil court has come to the conclusion that the civil court has no jurisdiction, the civil court ought to have restrained itself from undertaking any further exercise and even if that exercise was undertaken, then at least the observations which were not warranted to decide the controversy in the matter could have been avoided.

(3.) Notice was issued by this Court (Coram: Smt.Abhilasha Kumari, J.) on 28th January 2010 returnable on 24th February 2010. Despite service, nobody appeared, then this Court issued rule on 10th May 2010 returnable on 12th May 2010. On 12th May 2010 nobody appeared in response to the rule issued by this Court. The matter was kept today so as to see that an additional chance is available to the respondent, if he wants to appear. Having perused the judgement, the observations made in the said judgement are hereby quashed and set aside; except the point of jurisdiction, all other points in the judgement are quashed. Rule is made absolute with no order as to cost.