VALMIKI J. MEHTA, J.

C.M. No.34152/2017 (exemption)

1. Exemption allowed subject to just exceptions.

C.M. stands disposed of.

C.M. No.34153/2017 (for condonation of delay)

2. For the reasons stated in the application, delay of 82 days in re-filing the appeal is condoned.

C.M. stands disposed of.

C.M. No.34151/2017 (for condonation of delay of 416 days in filing the appeal)

3. Learned counsel for the respondent no.1 does not oppose the application only as a technicality inasmuch as the arguments have otherwise been heard on merits. Without prejudice to the rights of the respondent no.1 in the connected appeal which is said to have been filed by the defendant no.1 and 2 in the suit/borrowers, the present application is allowed.

C.M. stands disposed of.

RFA No.796/2017

4. This Regular First Appeal under Section 96 of Code of Civil Procedure, 1908 (CPC) is filed by the defendant no.3 in the suit, namely National Insurance Company Ltd, impugning the judgment of the Trial Court dated 4.8.2015 whereby the suit filed by the respondent no.1/plaintiff/Canara Bank has been decreed for an amount of Rs.4,54,904/- along with interest.

5. The facts of the case are that respondent no.1/plaintiff fil