R.C.LAHOTI
STANDARD CHARTERED BANK – Appellant
Versus
M. S. HANDA – Respondent
( 1 ) THIS order disposes of IA 7907/94 and IA 7548/94. IA 7907/94 This calls for aninterpretation of the term "security". Whether a person or institution can himself provide a security in response to a call of the Court or should a security to be so must necessarily emanate from a surety i. e. a third person.
( 2 ) IT would be useful to notice briefly the facts in the background. The plaintiff bank filed a suit under Order 37 Civil Procedure Code against the three defendants namely, Mr M. S. Handa, Mr Ashwani Kapoor and Indian Overseas Bank. The plaintiff is a banking company incorporated in England but is having its branch offices at several places in India including one at 17, Sansad Marg, New Delhi. Vide order dated 143. 93, this Court had allowed unconditional leave to defend to all the three defendants. There was an appeal preferred to the Division Bench being FAO 56/93. It was dismissed by the Division Bench on 17. 8. 93. The plaintiff had also filed a Special Leave Petition before the Supreme Court. Vide order dated 26. 11. 93, ( Civil Appeal No. 7172-74 and 7175 of 1993), their Lordships of the Supreme Court granted special leave and after hearing the
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