GUNVANTLAL RAMANLAL Vs. CENTRAL BANK OF INDIA

JUDGEMENT

(1.) Heard the learned counsel for the parties. By this civil application, the applicant-appellant original defendant prayed for quashing and setting aside of the proceedings of the civil suit No. 3309/84 decided on 9.1.1996. So far as this prayer is concerned, it cannot be granted as this prayer can only be granted in case ultimately the defendant succeeds in the appeal.

(2.) Second prayer has been made by the applicant-appellant original defendant for the stay of the execution of the decree dated 9.1.1996 passed in the civil suit No. 3309/84 by the Civil Court.

(3.) The Central Bank of India, filed civil suit No. 3309/84 against the defendant applicant for recovery of amount of Rs. 73984.99 ps. on the ground that the defendant to be the holder in due course of three hundies drawn by M/s Bhalakhia Mills Co. Ltd. i.e. Drawer on the defendant i.e. Acceptor. This suit has been decreed by the Trial Court. So it is a money decree which has been passed in favour of the defendant.