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2007 Supreme(Bom) 1072

R.M.SAVANT
TRIMURTHY PACKING PAPER, AURANGABAD – Appellant
Versus
CORPORATION BANK – Respondent


PER COURT:- This appeal challenges the Order dated 31-3-1998 passed by learned Civil Judge, Senior Division, Aurangabad by which order the application M.A.R.J.I. No. 158/1994 filed by the appellants herein came to be rejected.

2. The facts involved in the present appeal are stated thus :-

The appellants are the original defendants in Special Civil Suit No. 215 of 198.7 filed by the respondent No. 1 Bank against the appellants and the respondents Nos. 2 and 3 for recovery of the loan amount. The appellants filed their written statement in the said suit and resisted the claim of the respondent No. 1 bank. Along with the written statement, the appellants had also filed a counter-claim to the tune of Rs. 4,92,987/-. The respondent No.1, original plaintiffs, led evidence and the witnesses were also cross-examined on behalf of the appellants/defendants. Thereafter, the case was posted for evidence of the present appellants/defendants but the defendants were absent. The adjournment application made on their behalf came to be rejected. Thereafter, learned Civil Judge, Senior Division, Aurangabad vide his judgment and order decreed the said suit on 2-2-1994.

3. The original defendants Nos.1



















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