JUDGMENT - A.V. SAVANT, J.:---Heard both the learned Counsel; Shri Gupte for the appellant/original plaintiff Union Bank of India, and Shri Thakkar for respondent Nos. 1 and 2 original defendants.

2.Appeal admitted.

3.Filing of the paper book dispensed with Shri Thakkar for respondent Nos. 1 and 2 waives service.

4.By consent, appeal taken up for hearing forthwith.

5.The appeal is against the order dated 19th November, 1997, passed by the learned Single Judge in Chamber Summons No. 82 of 1997 in Suit No. 1821 of 1995. Under the impugned order the learned Judge has made the chamber summons absolute which has the result of granting several amendments to the written statement which take away the right accrued to the appellant Bank as a result of several admissions given by the respondent No. 2 in the suit filed by the appellant bank.

6.Suit No. 4821 of 1995 has been filed by the appellant bank for recovery of an amount of Rs. 29,24,271.50 as per the statement of account annexed at Ex. Q to the plaint with interest on the said amount at the rate of 20.50% p.a. with quarterly rests from the date of filing of the suit i.e. to say from 16th December, 1995. Prayer (b) in the plaint is for dec

Click Here to Read the rest of this document