LAWS(ALL)-1994-7-135

SUSHMA VARSHNEY Vs. CIVIL JUDGE, BADAUN

Decided On July 21, 1994
Sushma Varshney Appellant
V/S
Civil Judge, Badaun Respondents

JUDGEMENT

(1.) This is an appeal by plaintiffs against an order directing the plaintiffs to furnish Bank guarantee for the purpose of operating locker in the Punjab National Bank, respondent No. 2, in the name of plaintiff No. 1 and respondent No. 5 jointly and to operate account in the said Bank in the joint names of plaintiff No. 2 and respondent No. 5, Respondent No. 5 is husband of appellant No. 1 and is son of appellant No. 2. He is an employee in the Punjab National Bank. He is facing allegation that he has embezzled an amount to the tune of Rs. 1,97,000/- from the Bank.

(2.) At this stage the plaintiff No. 1, not being permitted to operate locker and plaintiff No. 2 not being permitted to operate the account on the ground that they are in joint names with respondent No. 5, plaintiffs filed a suit for directing respondents No. 2 to 5 to permit them to operate locker and accounts. In the suit they filed an application that a temporary injunction should be issued to the Bank for permitting plaintiffs to operate locker as well accounts.

(3.) That Trial Court allowed temporary relief subject to the condition that plaintiffs shall furnish Bank guarantee to the tune of Rs. 1,97,000/-. An application was filed to modify the order since plaintiff No. 1 was not able to get a Bank guarantee. The Trial Court having refused the prayer and affirming its earlier direction to furnish a Bank guarantee this appeal has been filed.