Veena Khanna v. Indian Bank

1. 'ilie appellant is aggrieved by the orders dated 31.07.2013 and 19.08.2013 v/hereby learned Single.ludge decreed the suit - CS (OS) 252/2004 for ?24 lakhs. The appellant (respondent in the suit) did not lead any evidence and has not participated in the proceedings, resulting in ex-parte decree. By subsequent impugned order, learned Single ludge dismissed the review petition filed by the present appellant.

2. We have heard learned ctRinscl for the parties and also gone through ihe records in the suit, What emerges is that the plaintiff had sought reivjated adjournments to lead evidence, i.e. 08.02.2012. 22.05.2012. 01.[1] 1.2012 and 12.02.2013. it is in these circumstances that the evidence of the plaintiff was recorded on 12.02.2013. flic order sheet would disclose that on the next date of hearing, the Presiding Officer was not available. On 22.04.2013. the matter was again put up for 04.07.2013. it was in the absence of defendant/appellant in the present matter on that date that the niattcr was listed for 3 1.07.201 3. 2013:DHC:8591-DB

3. 'I'hc impugned order discloses thai the defendant was never formally set-down ex-parte and that on account of the absence of evidence on her part, the Court proceeded to decree the suit as it were. Having considered the material on record, including statements of PWs-1 and 2, this Court is of the opinion that the presentappellant, having regard to the IndianBank's claims for damages should be afforded an opportunity to lead evidence. Tn these circumstances, learned counsel for the bank states that he has no objection to this course provided the Court puts the present appellant to appropriate terms and also places a time limit in this regard, 'fhc impugned orders arc. therelore. hereby set-aside, 'fhe parties shall be present before the concerned JR who shall fix a schedule to enable the appellant/Smt. Veena Khanna to cross-examine the plaintiffs/bank's witnesses, 'fhe Joint dates and thereafter the defendant shall be permitted to lead oral cvidcnce of her witnesses. The entire process should be completed within six months from today and in any event not later than 31.05.2014. 'fhe parties shall be present before the Joint Registrar for this purpose on 10.12.2013 to lead evidence. In the circumstances, the appellant/Smt. Veena Khurana shall pay costs quantified at ?75,000/- to be paid to the rcspondent/hidian Bank, within four weeks.

4. 'fhe appeal is allovs'cd in the above terms.

S. RAVINDRA BIIAT, J /AZIRl, J INOVKMBER 07, 2013 'ajk'