LAWS(GAU)-2024-3-143

MIZORAM CO-OPERATIVE APEX BANK LTD Vs. SANGHLUNA

Decided On March 20, 2024
Mizoram Co-Operative Apex Bank Ltd Appellant
V/S
Sanghluna Respondents

JUDGEMENT

(1.) Heard Mr. C. Lalfakzuala, learned counsel for the appellants. Also heard Mr. B. Lalramenga, learned counsel for the respondent.

(2.) This is an appeal filed under Order XLIII, Rule 1 (r) CPC read with Sec. 17 (2) (b) of the Mizoram Civil Court Act, 2005 challenging the impugned Order dtd. 18/1/2024 passed by the learned Civil Judge (Sr. Division)-IV, Aizawl in CMA No.797/2023 arising out of Civil Suit No.136/2023.

(3.) The brief fact of the case in nutshell is that; the present respondent was entrusted with the duty of a supervisor to look after the Keifang Branch building of the Mizoram Co-operative Apex Bank Ltd., during the period of the former Board of Directors. After the formation of the New Board of Directors (2023- 2028), the management/supervision of the construction of the Keifang Branch building of MCAB Ltd. was taken over by the New Board of Directors. The respondent averred that he had expended Rs.8,63,432.00 (Rupees Eight lakhs Sixty-three thousand four hundred and thirty-two) only from his own pocket in construction of the said building. Accordingly, the present respondent/plaintiff filed a Civil Suit No.136/2023 against the appellants, herein as defendants Nos. 1 to 3 praying for;