Research › Browse › Judgment

Supreme Court of India · body

2004 DIGILAW 1629 (SC)

Indian Bank v. K. S. Govindan Nair

2004-11-19

C.K.THAKKER, RUMA PAL

body2004
ORDER : C.K. Thakker, J. Leave granted. 2. This appeal arises out of an order passed by the Division Bench of the High Court of Kerala SETTING aside the decree of the trial court and remanding the case to the trial court for fresh disposal in accordance with law. 3. The appellant who was the plaintiff had filed a suit for recovery of moneys stated to have been lent and advanced by the appellant to Defendants 1 and 2. According to the appellant Defendants 3, 4 and 5 had guaranteed the repayment of the loan. After framing of the issues, evidence was led and the trial court decreed the suit for an amount of Rs 7,55,519.62 with interest on the principal amount at the rate of 12% per annum and also allowed the plaintiff to recover the said amount by sale of the suit properties which were claimed by the appellant to have been mortgaged/hypothecated to it by way of security. 4. The High Court considered the evidence but did not give its finding thereon. On the ground that the evidence on record had not been properly considered by the trial court, the matter was remanded back to the trial court as we have already stated. We are of the view that once the material was on record, it was for the Division Bench to have decided the matter on the basis of the material available in whichever way the Division Bench thought fit after an appreciation of such evidence. There was no question of remand. The decision of the High Court is accordingly set aside. The appeal is allowed and the matter is remanded back to the Division Bench of the High Court for disposing of the appeal on merits. The High Court is requested to conclude the hearing, if possible, within six months. Appeal allowed.