KRUSHNA CHANDRA SWAIN Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) This revision is directed against the order of the learned District Judge. Cuttack in Misc. Appeal No.80 of 1999 dated 24.6.2000 directing the plaintiff petitioner to pay the entire amount of the outstanding loan within three months.

(2.) The short point for consideration in this appeal is whether in view of the fact that the appellant-petitioner had filed an appeal as against the order of the learned Civil Judge (Junior Division), Cuttack directing payment of at least a sum of Rs. 1,25,000/- within three months in three instalments from the date of passing of the order to opp. party-Bank, the learned lower appellate Court could have, in absence of any appeal or cross-appeal by the opp. party-Bank passed an order for payment of the entire arrear loan amount

(3.) The petitioner as plaintiff filed a suit in the Court of the learned Civil Judge (Junior Division), First Court, Cuttack, registered as Title Suit No. 85 of 1999 against the opp. party-Bank and during the pendency of the suit a Misc. Case bearing No. 142 of 1999 was filed under Order 39, Rules 1 and 2 read with Sec. 151 of the Code of Civil Procedure for grant of temporary injunction against the opp. party-Bank restraining it from putting the Tractor bearing Regn. No. OR 05 D 4472 along with its Trailor bearing No. OR 05-D 4473 into public auction as per the advertisement published in the Samaj on 18.6.1999, till disposal of the suit. The learned trial Court, on consideration of the materials on record having found that the plaintiff-petitioner has got a fair question to raise in the suit and if the petitioner will be debarred from paying the arrear dues and the vehicle will be put to auction he will be put to inconvenience and he shall sustain irreparable loss inasmuch as the suit may become infructuous. In that view of the matter, the learned trial Court restrained the opp. party-Bank by an order of injunction from putting the suit Tractor into auction till payment of the arrear dues, in terms of the direction in the said order. The petitioner was directed to pay a sum of Rs.1,25,000/- within three months in three instalments from the date of passing of the order to the opp. party-Bank . towards the arrear loan amount, the first instalment being a sum of Rs.45.000/- within 15 days of the date of order and the balance Rs. 80.000/- in two monthly instalments each at Rs. 40,000/- per month, In addition, the petitioner was directed to clea/ up all dues of the M.V. Department upto the month of Sepetember. 1999 within this period, whereafter necessary orders would be passed for release of the vehicle in favour of the petitioner and in the event of failure, the opp. party-Bank was given liberty to put the Tractor into public auction.