HUALTHANMAWII Vs. KAPRIVUNGA

JUDGEMENT

(1.) HEARD Mr. A.R. Malhotra, learned counsel appearing for the appellants as well as Mr. T. Lalnunsiama, learned counsel appearing for the respondent No. 10. Mr. Lalsawirema, learned Government Advocate, Mizoram appears on behalf of the respondent No. 13. None appears for the respondent Nos. 1 -9 and 11 -12 as well as proforma respondent No. 14.

(2.) THIS Court, by order dated 20.05.2013, after perusing the notice in the newspaper publication dated 15.02.2013 and 16.02.2013, had observed that notice on the respondents have been served. By order dated 2.08.2013, this Court had directed that the case would be proceeded ex -parte against the respondent Nos. 1 -9 and 11 -14. Today, when the matter was called upon, none appeared for the respondent Nos. 1 to 9, 11, 12 and 14. Accordingly, as directed earlier, this case is taken up for final disposal.

(3.) THIS appeal is directed against the judgment and order dated 22.05.2012 passed in Money Suit No. 63 of 2009 by the learned Senior Civil Judge -I, Aizawl District, Aizawl. The case in brief is that the appellants had deposited different amounts of money amounting to Rs. 12,76,076/ - with the respondent Nos. 1 -8 which was to be repaid to them along with interest on maturity. However, the respondent Nos. 1 -8 had failed to pay to the appellants even after the date of maturity and therefore, the appellants had approached the Consumer Disputes Redressal Forum, Aizawl District for redressal of their grievance. However, the same was withdrawn by the appellants on 18th December, 2009. Thereafter the appellants had filed a suit being Money Suit No. 63/2009 for recovery of the dues from the respondents before the learned Senior Civil Judge. After hearing parties, the impugned judgment and order dated 22.05.2012 was passed whereby the learned Senior Civil Judge had dismissed the said Money Suit. Being aggrieved, the instant appeal petition.