BARODA GUJARAT GRAMIN BANK Vs. BHARATJI BHIKHAJI MAKWANA

JUDGEMENT

(1.) By way of present petition, the petitioner herein has challenged the order dtd. 8/9/2022 passed below Exh.145 in Special Civil Suit No.7 of 2017 by the Principal Senior Civil Judge, Prantij.

(2.) It is the case of the petitioner that the respondent No.1 availed loan facility to purchase Motor bike No. GJ-09-AB-3116 on 26/8/2005. An amount of Rs.1942.00 came to be deposited towards down payment and Rs.858.00 towards insurance charge of the bike on 28/11/2006. The petitioner - bank credited the said amount of premium in account of respondent No.1 and informed that the insurance company has not accepted the premium on 22/12/2006. The respondent No.1 and son of respondent No.2 were travelling on a bike and met with an accident with other bike. The deceased - Ashokbhai Bhikhabhai Makwana expired after a long treatment of six months. Both the respondents jointly filed the Special Civil Suit No.9 of 2009 at Himmatnagar. On 29/11/2016, the respondent No.2 filed M.A.C.P. No.445 of 2010 at Motor Accident Claims Tribunal (Main), Himmatnagar, wherein the claim of respondent No.2 has partly allowed. The Suit came to be transferred from Himmatnagar to Prantij by order dtd. 17/11/2017 and the same was renumbered as Special Civil Suit No.7 of 2017. The petitioner herein filed an application dtd. 21/7/2018 below Exh.145 praying that the petitioner - original defendant be permitted to cross -examine the plaintiff. The said application preferred by the petitioner - original defendant below Exh.145 came to be rejected by the Principal Senior Civil Judge, Prantij, vide order dtd. 8/9/2022. Being aggrieved by the said order dtd. 8/9/2022, the petitioner has preferred the present petition before this Court.

(3.) Heard Mr. Dharmesh V. Shah , the learned advocate appearing for the petitioner and Mr. Yatin Soni, the learned advocate appearing for the respondents.