Rajasthan High Court
Icici Bank Limited vs Mr. Raviram Gurjar S/O Shri Shyoram ... on 19 December, 2023
Bench: Pankaj Bhandari, Bhuwan Goyal
[2023:RJ-JP:40524-DB]
HIGH COURT OF JUDICATURE FOR RAJASTHAN
BENCH AT JAIPUR
D.B. Civil First Appeal No. 709/2023
ICICI Bank Limited, Registered Office Icici Bank Limited Bank
Tower, Near Chakli Circle, Old Padra Road, Vadodara-390007,
Gujarat And Corporate Office At Icici Bank Towers, Bandra Kurla
Complex, Bandra (East), Mumbai And Brnach Office At Gulab
Bagh, Near Kua, Ling Road, Karauli Through Authorized
Signatory.
----Appellant
Versus
1. Mr. Raviram Gurjar S/o Shri Shyoram Gurjar, Aged About
37 Years, R/o Village Ronsi, Tehsil Nadauti, District
Karauli.
2. Mr. Ramavtar S/o Shri Shyoram Gurjar, Aged About 35
Years, R/o Village Ronsi, Tehsil Nadauti, District Karauli.
3. Harpyari W/o Shri Shyoram Gurjar, Aged About 73 Years,
R/o Village Ronsi, Tehsil Nadauti, District Karauli.
4. Shimla Devi W/o Shri Raviram Gurjar, Aged About 24
Years, R/o Village Ronsi, Tehsil Nadauti, District Karauli.
----Respondents
For Appellant(s) : Mr. Pankaj Gupta, Adv.
Mr. Naman Yadav, Adv.
For Respondent(s) :
HON'BLE MR. JUSTICE PANKAJ BHANDARI
HON'BLE MR. JUSTICE BHUWAN GOYAL
Judgment
19/12/2023
1. The appellant has preferred the instant first appeal aggrieved
by the judgment and decree dated 08.05.2023 whereby the suit
filed by the appellant for recovery of Rs.5,55,515/- was dismissed
by the learned Commercial Court, Alwar.
[2023:RJ-JP:40524-DB] (2 of 3) [CFA-709/2023]
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. Versus Balraj Muttneja & Ors.: MANU/DE/0547/2014,
Parsvnath Developers Limited Versus Vikram Khosla:
MANU/DE/0385/2021 and Satya Infrastructure Ltd. & Ors.
Versus Satya Infra & Estates Pvt. Ltd.: MANU/DE/0511/2013.
3. We have considered the contentions raised by the learned
counsel for the appellant-bank and have also perused the
impugned judgment and decree.
4. From perusal of the record, it is revealed that on
08.05.2023, learned counsel for the bank informed the Court that
he has informed the bank to produce the evidence, but the bank
has intimated that they are unable to come to the Court to give
evidence. The Court below has also observed that in spite of
giving ample opportunities of hearing to produce evidence, no
evidence has been produced by the appellant-bank. Learned Court
below has further observed that no oral or documentary evidence
has been produced in support of the suit and consequently, the
suit filed by the appellant-bank has been dismissed.
5. Looking to the fact that the appellant-bank has not produced
any evidence in spite of ample opportunities given by the Court
below and the learned counsel for the appellant-bank himself
informed the Court below that the bank is not interested in
[2023:RJ-JP:40524-DB] (3 of 3) [CFA-709/2023]
producing the evidence, learned Court below has rightly passed
the impugned judgment and decree. Thus, learned Court below
has not committed any illegality and error in dismissing the suit
filed by the appellant-bank. The first appeal filed by the appellant-
Bank is accordingly dismissed.
(BHUWAN GOYAL),J (PANKAJ BHANDARI),J
SUNIL SOLANKI /PS
Powered by TCPDF (www.tcpdf.org)
