LAWS(MAD)-2012-7-28

BANK OF INDIA Vs. S GOPALAN

Decided On July 03, 2012
BANK OF INDIA Appellant
V/S
S.KRISHNAN Respondents

JUDGEMENT

(1.) THE petitioner, Bank of India, Elada Branch seeks a writ of certiorarified mandamus calling for the records relating to the proceedings in LAOP No.571/2004 in case No.315 of 2004 on the file of the 8th respondent dated 03.09.2004 and to quash the order of such respondent.

(2.) HEARD learned counsel for the petitioner and learned Government Advocate on behalf of the 8th respondent. No representation for respondents 1 to 7.

(3.) IT is the contention of the petitioner that the employee of the Bank, which had offered finances to the respondents 1 to 5 towards purchase of goods from respondent 7, had merely attended the proceedings upon receipt of summons and had been forced to affix the signature to the proceedings, which recorded that the Adalat had effectively conciliated the matter and arrived at a settlement. Fearing the officials in charge to be Court functionaries, the petitioner's representative had done so.