DEBDAS SARKAR Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) The appeal is arising out of a decree dated 20th July, 2016 in a suit filed by the plaintiff for a decree of Rs.3,52,42,950/- on account of damages allegedly suffered by the plaintiff in relation to loan facilities availed of by the appellant.

(2.) The basis of the claim in the suit is based on a valuation report prepared by the valuer appointed by the plaintiff. The valuer did not have the opportunity to physically inspect the hypothecated goods. The valuer appears to have determined the market value of different foundry equipment and machineries by applying formula and taking into consideration different standard machines supplied by different manufacturers. However, the valuation is of 1987 and 2005. This valuation report forms a basis of the claim in the suit. The learned Judge dismissed the suit on the ground of limitation and failure on the part of the plaintiff to prove damages. The facts have been accurately stated by the learned Single Judge in the judgment. We do not wish to reiterate the facts. In this appeal, we need to find out whether on the basis of the evidence-on-record it was possible for the leaned Single Judge to deny the claim of the plaintiff in this suit.

(3.) Unnecessary details not relevant for the aforesaid purpose are not stated in this judgment.