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2009 Supreme(Ori) 134

M.M.DAS
D. K. Marine Products – Appellant
Versus
Central Bank of India – Respondent


ORDER

13.04.2009 — Heard Mr. S.P. Mishra, learned counsel for the appellants, Mr. Mohapatra, learned counsel for the respondent No.1- Bank and the learned counsel for the Orissa State Financial Corporation (O.S.F.C.).

2. The appellants and the proforma respondents were de¬fendants in O.S. No.29/75 of 1986/82, which was filed before the learned Civil Judge (Sr. Division), Puri by the respondent No.1- Bank, for recovery of an amount of Rs.25,96,174.68. The suit was contested by the appellants and the respondent No.2 - OSFC. The other proforma respondents were set ex parte.

3. Upon examination of P.W.1 on behalf of the plaintiff, the suit was posted to 26.11.1992 for further examination of P.W.1. On 20.11.1992, the plaintiff filed an application to advance the date for moving an application for a direction to produce some documents in the custody of the Special Judge (Vigilance), Bhubaneswar. The copies of the said applications were served on the learned counsel appearing for the appellants-defendants at 3.30 P.M. on 20.11.1992. Receiving such copy, the appellants prayed for grant of accommodation for seven days to enable their advocate to get instruction to file an objection. The s




























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