JUDGMENT :

A.S.Chandurkar, J.

This appeal under Section 96 of the Civil of Procedure Code, 1908 (for short, the Code) has been preferred by the unsuccessful plaintiff which claims to be a victim of the “Government Securities Scam” in Maharashtra. By the judgment dated 25.01.2010 in Special Civil Suit No.165/2002 the suit for return of Government Securities sold by the plaintiff or in the alternate for recovery of value of the securities to the tune of Rs.12,75,86,403.67 has been dismissed.

2. The facts relevant for deciding the appeal as can be gathered from the pleadings of the parties are being referred to. The parties are being referred to as per their status before the trial Court. It is the case of the plaintiff that it is a bank duly registered under the provisions of the Maharashtra Co-operative Societies Act, 1960 (for short, the Act of 1960). It carries on activities as a Non-scheduled Urban Co-operative Bank. As per Circulars issued by the Reserve Bank of India from time to time the plaintiff is required to invest 15% of its net demand and time liabilities in government and other approved securities. In accordance with these Circulars the plaintiff is engaged in making inves