BANK OF MAHARASHTRA Vs. ASHA BAGREE

JUDGEMENT

(1.) O. S. A. NO.140 of 2000 is filed by the appellant/ plaintiff as against the Judgment and Decree passed by the learned Single Judge dated 21.01.1995 in dismissing the suit without costs in C. S. No.49 of 1993. The appellant/plaintiff has filed a suit against the respondents/defendants 1 to 3 jointly and severally praying for a decree for an amount of Rs.2,16,601.32 with interest at 24.75% p. a. with quarterly rests under Sec.34 of Civil Procedure Code and for costs. The respondents/defendants 1 to 3 even though they were served, they did not file their written statements and they were set exparte.

(2.) Before the learned Single Judge in C. S. No.49 of 1993 on the side of appellant/plaintiff/bank, Alamelurajan, Manager was examined as P. W.1 and Exs. P.1 to P.4 were marked. The learned Single Judge has come to the conclusion that when once the huge amount of Rs.3,00,000/- was given to the first respondent/first defendant as loan, he was unable to understand as to why pro-note was not obtained from the first respondent/first defendant and that P. W.1 kept silent over the matter and not explained anything and dismissed the suit on 21.01.1995.

(3.) Aggrieved against the judgment and decree passed by the learned Single Judge in C. S. No.49 of 1993 dated 21.01.1995, the plaintiff/bank has preferred the present OSA.