INDUS IND BANK Vs. SIVAKUMAR

JUDGEMENT

(1.) This Original Side Appeal (O.S.A.) has been filed against the fair and decretal order dtd. 23/3/2018 passed by the learned Single Judge in Application No. 1780 of 2018 in C.S. No. 69 of 2018 on the file of this Court.

(2.) The appellant-Bank, namely Indus Ind Bank is the second defendant in the suit. The first respondent herein is the plaintiff in the suit. The second respondent-Proprietorship Firm, namely M/s. Surya Imports and Exports, is the first defendant and the third respondent-Indian Bank is the third defendant in the suit. For the sake of convenience, the parties are herein referred to as they are ranked in the suit as plaintiff and defendants.

(3.) The said application in A. No. 1780 of 2018 was filed to pass interim judgment and decree directing the first and second defendants to pay the admitted sum of Rs.58,73,555.00 as per the SFMS message sent by the second defendant-Indus Ind Bank to the third defendant-Indian Bank on 17/6/2017 together with interest at 18% per annum from the date of plaint till the date of realisation. The said application was allowed, against which, the present O.S.A. is filed by the second defendant.