APNI SAHKARI BANK LIMITED Vs. JAYESH PRABHUDAS MODI

JUDGEMENT

(1.) THE present petition under Article 227 of the Constitution is arising from an Order dated 3.3.2005 passed by the learned Auxiliary Chamber Judge, City Civil Court No.17, Ahmedabad, below Exhibit-9 in Summary Suit No. 2274 of 2003.

(2.) THE present petitioner, being a Cooperative Bank, filed a Summary Suit against the present respondent for recovery of an amount of Rs. 8,72,642/- with running interest @ 18% per annum. Under Order 37 of the Civil Procedure Code, taken out summons for judgments and prayed to decree the suit. In response to the summons for judgment, the present respondent filed an application for Leave to defend the suit proceedings and raised several contentions.

(3.) I am in agreement with the reasons assigned by the Trial Court while dealing with the summary proceedings and reasons assigned for not decreeing the suit or granting permission to defend the suit without imposing any condition against the defendant.