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2015 Supreme(J&K) 119

B.L.BHAT
State Bank of India – Appellant
Versus
Mohd. Din Sheikh – Respondent


Advocates:
For the Appellant :Rashid Shamas, Advocate
For the Respondents:O.P. Thakur, Advocate

JUDGMENT :

Bansi Lal Bhat, J.:-

1. This revision is directed against the order dated 12th September, 2012 passed by learned Principal District Judge, Ramban in execution petition titled Mohi-ud-Din Sheikh vs State Bank of India, by virtue whereof the Executing Court held the revision petitioner liable to pay an amount of Rs. 15,30,617/- to the respondent. The impugned order is assailed as having been passed without jurisdiction and the Executing Court is alleged to have travelled beyond the scope of decree passed by the Trial Court. The impugned order is also assailed on the ground that the decree passed by the trial Court was not executable at the instance of respondent herein. A glance at the factual matrix of the case would reveal that the revision petitioner (hereinafter referred to as 'Bank') instituted a suit for recovery of Rs. 1,64,660.20 paisa with interest from 01.12.1994 and interest pendente lite and future interest against the present respondent-Mohammad-din-Sheikh and one Mohd. Umar Nizami on the ground that the present respondent had availed Cash Credit Term Loan for purchase of Vehicle and the bank sanctioned and advanced a sum of Rs. 2,00,000/- in favour of the resp















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