SHIRAM CONSTRUCTION CO Vs. VIJAYA BANK

JUDGEMENT

(1.) The appellants have questioned the legality and validity of the judgment and decree recorded in Summary Civil Suit No. 712 of 1984 by the City Civil Court Judge, at Ahmedabad, on 29th April, 1994, decreeing the suit of the respondent No. 1, Vijaya Bank, for a sum of Rs. 5,66,368.00 with interest at the rate of 18% per annum on Rs. 3,76,000.00 from the date of the suit till realisation, by invoking the aids of the provisions of Sec. 96 of the Code of Civil Procedure, 1908 (the 'Code').

(2.) At the admission stage we found that there was no illegality in passing the impugned judgment and decree. However, we had called for the record and proceedings after issuing notice to the contesting respondent No. 1 Vijaya Bank. After having heard the learned Advocates appearing for the appellants and the respondent Vijaya Bank and considering the testimonial and documentary collections emerging from the record of the present case, we are of the opinion that the appeal is required to be dismissed at the threshold being meritless as the impugned judgment and decree are quite weighty, legal and sustainable.

(3.) Since this Court is addressed at a marathon length at the threshold, we would like to highlight the serious contentions advanced on behalf of the appellants in the backdrop of the aforesaid facts.