SANJAY SARABHAI DALAL Vs. BANK OF BARODA

JUDGEMENT

(1.) THIS petition has been preferred against the order dated 12.01.2006 passed by City Civil Court No.9, Ahmedabad below Exhibit-1 in Civil Suit No.4254 of 1986, whereby, a Commissioner has been ordered to be appointed for the purpose of cross-examining three witnesses.

(2.) THE facts in brief are that respondent no.1 herein had filed Civil Suit No.4254 of 1986 against respondent no.2 herein before the Court below for recovery of an amount of Rs.34,91,431.30 with interest at the rate of 18% per annum. In the said suit, it was alleged that respondent no.2 herein perpetrated fraud and fraudulently signed 99 demand drafts. Subsequently, the petitioners were joined as original defendant nos.2 and 3 in the said suit.

(3.) LOOKING to the facts of the case, it would be relevant to refer to a decision of the Apex Court in the case of Salem Advocate Bar Association, T.N. v. Union of India reported in 2005(6) Scale 26 and more particularly, on the following observations;