Roop Chand vs The Cheeka Vikas House Building ...
2023 Latest Caselaw 9298 P&H

                                                   Neutral Citation No:=2023:PHHC:083834




                                              2023:PHHC:083834
107 IN THE HIGH COURT OF PUNJAB AND HARYANA
                  AT CHANDIGARH

                                              RSA-5584-2017 (O&M)
                                              Date of decision: 04.07.2023
Roop Chand
                                               ....Appellant

             Versus

The Cheeka Vikas Housing Building Society and others
                                         ..Respondents

CORAM: HON'BLE MR. JUSTICE ANIL KSHETARPAL

Present:- Ms. Palak Jain, Advocate for the appellant

ANIL KSHETARPAL, J (Oral)

The appellant's suit for rendition of account, grant of

permanent injunction to restrain the defendants from recovering the

amount has been dismissed by the learned First Appellate Court.

Admittedly, the appellant borrowed a housing loan of Rs.80,000/- from

the respondent-Society in the year 1991-92. The amount was to be

repaid in 80 quarterly instalments of Rs.3255/- each. The appellant paid

instalments for some time but defaulted later on. Once recovery notice

was issued, the appellant filed the present suit. The respondent-Society

in its evidence produced statement of accounts Ex.DA. However, the

trial court decreed the suit qua rendition of accounts. Learned First

Appellate Court, after noticing that the statement of account has already

been produced, reversed the judgment of the trial court.

Heard the learned counsel representing the appellant at

length and with her able assistance perused the paperbook. Learned

counsel representing the appellant submits that the Appellate Court has

erred in reversing the judgment of the trial court qua rendition of

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Neutral Citation No:=2023:PHHC:083834

RSA-5584-2017 (O&M) 2 2023:PHHC:083834

account. She submits that the respondent-Society is duty bound to

render the account.

On a Court question, she does not dispute that the

respondent-Society in its evidence did produce the statement of account

Ex.DA. Although an opportunity was given to the learned counsel

representing the appellant, however, she failed to draw the attention of

the Court to any error in the statement of account. In view of the

aforesaid, no ground to interfere is made out.

Hence, dismissed.

All the pending miscellaneous applications, if any, are also

disposed of.

04.07.2023                                    (ANIL KSHETARPAL)
rekha                                              JUDGE
Whether speaking/reasoned :        Yes/No
Whether reportable :               Yes/No

Neutral Citation No:=2023:PHHC:083834

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