JASWANTLAL MANILAL KANSARA Vs. DENA BANK OF INDIA

JUDGEMENT

(1.) THE petitioner original judgment debtor has filed this Civil Revision Application under Section 115 of Civil Procedure Code challenging the order passed by the learned Civil Judge (J.D.) Mehsana below an application Ex.52 in Special Darkhast No.34 of 1991 whereby the said application was rejected.

(2.) THIS Court has issued notice on 27.12.2002 and, thereafter, Civil Revision Application was admitted and rule was issued on 11.3.2003.

(3.) THE application preferred by the petitioner was rejected by the executing Court and hence the present Civil Revision Application is filed. Mr. R.C.Jani, learned advocate appearing for the petitioner has submitted that the learned Judge has committed an error in rejecting the said application on the ground that the same is not maintainable either on facts or in law. He has further submitted that as per the settled legal position the outstanding amount is required to be realized from the hypothecated goods and after realizing the same if any amount remains outstanding, the same can be realized from the other properties. He has further submitted that here in the present case the goods worth Rs.6 lacs were lying with the respondent Bank. Not only that, pursuant to the order of this Court an amount of Rs.50,000/- was deposited in the trial Court which was ultimately withdrawn by the respondent Bank. As against the claim of Rs.70,000/- the Bank has realized more amount and hence appropriate direction ought to have been given to the respondent Bank to return the goods. He has, therefore, submitted that the impugned order deserves to be quashed and set aside.