RAMESHWAR VYAS
I. D. F. C. First Bank Ltd. – Appellant
Versus
Aruna Bamniya (Kundara) W/o Dr. Manoj Bamniya – Respondent
ORDER :
The instant revision petition under Section 151 CPC has been filed against the impugned order dated 16.03.2021 passed by Commercial Court No.2, Jaipur Metropolitan-II, Jaipur (afterwards referred to as ‘Commercial Court’) in Suit No. 53/2020 (430/2019), whereby, the application under Order VII, Rule 11 read with Section 151 CPC and Sections 8 & 5 of the Arbitration and Conciliation Act, 1996 (afterwards referred to as the ‘A&C Act’) filed by defendant No.5 – petitioner herein has been dismissed.
2. Brief facts of the case are that the plaintiff-respondent No.1 herein applied for loan to so many Banks including petitioner Bank; the consolidated amount taken on loan from different seven Banks is Rs. 98,34,413/-; plaintiff filed a suit against all the banks including the present petitioner – defendant No. 5 to the effect that a fraud has been committed by some doctors viz. Dr. Manohar Lal, Dr. Vikash Sharma and other persons; defendants managed to get sign of the plaintiff on blank papers and forms; a total sum of Rs. 98,32,101/-was credited by defendant Banks in the account of plaintiff; afterwards plaintiff came to know that the said credited money has been transferred in the
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