JAGDAMBA WOOLENS MILLS PRIVATE LIMITED Vs. ANDHRA BANK

JUDGEMENT

(1.) A money decree was passed against the appellant in a suit filed by the respondent-Bank. The appellants have impugned the judgment and decree in this Court by way of this appeal. Along with the appeal, a miscellaneous application was filed for staying the execution of the decree. On May 17, 1991, execution of the decree was stayed and notice of miscellaneous application was issued for 12th August, 1991. On 12th August, 1991, nobody was present on behalf of the respondent-Bank and, therefore, the order dated 17th May, 1991 was made absolute.

(2.) Counsel for the respondent-Bank states that because of some misunderstanding, he could not appear on 12th August, 1991. He further contends that no ground is made out for staying the execution of money decree.

(3.) On the other hand, learned counsel for the appellants states that the immovable property worth Rs. 40 to Rs. 50 lacs has been attached in execution of the decree. He further contends that attachment may be allowed to continue, but the same be not put to auction.