GOURI PRASAD GOENKA Vs. RABO INDIA FINANCE LIMITED

JUDGEMENT

(1.) In a Summary Suit instituted under Order XXXVII of the Code of Civil Procedure, 1908, leave was granted under Clause-XII of the Letters Patent. The Defendant, who is in appeal in these proceedings, has been sued on the basis of guarantees executed by him in favour of the Plaintiff in consideration of two facilities granted by the Plaintiff to a company, of which the Defendant was at the material time a principal director. A Chamber Summons was taken out by the Defendant seeking revocation of the leave granted under Clause-XII of the Letters Patent. The Chamber Summons for revocation has been dismissed by the learned Single Judge on 12 March 2012, against which judgment the Defendant is in appeal.

(2.) The basis on which the Defendant sought revocation of the leave which had been granted under Clause-XII of the Letters Patent was stated as follows in the affidavit-in-support filed by the Defendant in the Chamber Summons :

(3.) The plaint contains averments on the basis of which the jurisdiction of this Court to entertain and try the suit is set up. Paragraph 37 is as follows :