Research › Search › Judgment

Rajasthan High Court · body

2023 DIGILAW 2277 (RAJ)

ICICI Bank Limited v. Raviram Gurjar

2023-12-19

BHUWAN GOYAL, PANKAJ BHANDARI

body2023
JUDGMENT : The appellant has preferred the instant first appeal aggrieved by the judgment and decree dated 08.05.2023 whereby the suit filed by the appellant for recovery of Rs. 5,55,515/- was dismissed by the learned Commercial Court, Alwar. 2. It is contended by learned counsel appearing for the appellant-bank that public money is involved in this case. The appellant-bank has filed a suit for recovery of debt. The bank has furnished the documents before the learned Court below and merely because the witnesses did not appear before the Court below, it has dismissed the suit filed by the appellant-Bank. Learned counsel has placed reliance on Disney Enterprises Inc. & Ors. v. Balraj Muttneja & Ors., Parsvnath Developers Limited v. Vikram Khosla and Satya Infrastructure Ltd. & Ors. v. Satya Infra & Estates Pvt. Ltd.. 3. We have considered the contentions raised by the learned counsel for the appellant-bank and have also perused the impugned judgment and decree. 4. From perusal of the record, it is revealed that on 08.05.2023, learned counsel for the bank informed the Court that he has informed the bank to produce the evidence, but the bank has intimated that they are unable to come to the Court to give evidence. The Court below has also observed that in spite of giving ample opportunities of hearing to produce evidence, no evidence has been produced by the appellant-bank. Learned Court below has further observed that no oral or documentary evidence has been produced in support of the suit and consequently, the suit filed by the appellant-bank has been dismissed. 5. Looking to the fact that the appellant-bank has not produced any evidence in spite of ample opportunities given by the Court below and the learned counsel for the appellant-bank himself informed the Court below that the bank is not interested in producing the evidence, learned Court below has rightly passed the impugned judgment and decree. Thus, learned Court below has not committed any illegality and error in dismissing the suit filed by the appellant-bank. The first appeal filed by the appellant- Bank is accordingly dismissed.