VIJAY DASHIKA CHAR Vs. BANK OF MAHARASHTRA

JUDGEMENT

(1.) Both these first appeals impugn the same judgment and order passed by the Civil Judge, Senior Division, Pune on 25.9.1991 in Special Civil Suit No. 226 of 1982 and hence, both are being disposed off by this common judgment. By the impugned judgment and decree, the plaintiffs suit for a monetary claim has been decreed with costs against the defendants and the defendants have been directed to jointly and severally pay an amount of Rs. 4,42,730/- to the plaintiff bank with future interest thereon at the rate of 18% per annum from the date of the suit till realization of the entire decretal amount.

(2.) At the very out set, it may be stated that the matter was heard on 30.9.2008 when the Advocate for the respondent-bank was absent. Matter was stood overnight part-heard in the hope that the Advocate for the respondent will appear. Today none appears for the respondent. In the circumstances, I am constrained to go through the record with the assistances of the Advocates for the two appellants. I have perused the entire record.

(3.) The brief facts of the case were as under: