R.S.A No. 1669 of 2007 (O&M) ::1::
IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH
R.S.A No. 1669 of 2007 (O&M)
Date of decision : July 06, 2009
Jagjit Singh and others,
...... Petitioner (s)
v.
UCO Bank and another,
...... Respondent(s)
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CORAM : HON’BLE MR.JUSTICE AJAY TEWARI
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Present : Mr. Sanjiv Gupta, Advocate
for the appellants.
Mr.Sanjiv Gupta, Advocate
for respondent No.1.
None for respondent No.2.
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1. Whether Reporters of Local Newspapers may be allowed to see the
judgment ?
2. To be referred to the Reporters or not ?
3. Whether the judgment should be reported in the Digest ?
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AJAY TEWARI, J (Oral)
As per the office report, respondent No.2 is not residing at the
given address. Counsel for the appellants, however, states that respondent
No.2 is a proforma respondent and need not be served at the stage of motion
hearing.
This is an appeal against the concurrent judgments of the
Courts below partly decreeing the suit of the respondent-Bank for recovery
of certain amount.
The only argument raised by counsel for the appellants is that
R.S.A No. 1669 of 2007 (O&M) ::2::
the loan had been obtained for planting poplar trees and that the respondent-
bank had insured the said trees. However, those trees were damaged as a
result of flood and the insurance amount was paid to the bank. After
receiving the amount at one stage the statement of accounts in the bank
showed the balance nil. Thus, as per the learned counsel for the appellants
the bank was estopped from filing the suit for recovery.
It is trite to note that by insuring the trees the bank had not
exonerated the appellants of their liability to mitigate any loss which may
occur due to circumstances beyond the control of the parties. Thus, the fact
that some money was actually paid to the bank by the insurer could only
result in the reduction of the amount due to that extent. Undisputedly, both
the Courts below have taken this aspect into consideration. As regards the
argument that at one stage the statement of accounts showed the balance nil,
both the Courts below have considered this aspect also.
The following questions of law have been proposed :-
” i) Whether once the very transaction is result of fraud
and concealment of material facts and based on material
alteration then the same is liable to be rejected ?
ii) Whether once the statement of accounts shows the
balance as nil still the same can be ignored and liability
can be fastened upon the appellants ?
iii) Whether there is misreading, misconstruing and
misrepresentation of pleadings and evidence ?”
As regards questions No.(i) and (iii), learned counsel for the
appellants has not been able to convince me that the findings recorded are
either on no evidence or a perverted reading of the evidence. As regards
R.S.A No. 1669 of 2007 (O&M) ::3::
question No.(ii), the same has already been dealt with above.
Consequently, this appeal is dismissed with no order as to
costs.
( AJAY TEWARI ) July 06, 2009. JUDGE `kk'