(1.) The appellant has preferred the instant first appeal aggrieved by the judgment and decree dtd. 8/5/2023 whereby the suit filed by the appellant for recovery of Rs.5,55,515.00 was dismissed by the learned Commercial Court, Alwar.
(2.) It is contended by learned counsel appearing for the appellant-bank that public money is involved in this case. The appellant-bank has filed a suit for recovery of debt. The bank has furnished the documents before the learned Court below and merely because the witnesses did not appear before the Court below, it has dismissed the suit filed by the appellant- Bank. Learned counsel has placed reliance on Disney Enterprises Inc. & Ors. v. Balraj Muttneja & Ors., Parsvnath Developers Limited v. Vikram Khosla and Satya Infrastructure Ltd. & Ors. v. Satya Infra & Estates Pvt. Ltd..
(3.) We have considered the contentions raised by the learned counsel for the appellant-bank and have also perused the impugned judgment and decree.