IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH. RSA No.222 of 1987 (O&M) Date of decision: 11.11.2009 M/s Amber Woollen Mills and another -----Appellants Vs. Syndicate Bank and another ----Respondents CORAM:- HON'BLE MR JUSTICE ADARSH KUMAR GOEL Present:- Mr. RS Sihota, Senior Advocate with Mr. B.R.Rana, advocate for the appellants. None for the respondents. Adarsh Kumar Goel,J.
1. This appeal has been preferred by the original
defendants against decree granted by the courts below for
recovery of the amount.
2. The plaintiff Bank filed suit for recovery of
Rs.5,78,162.20 being the amount due towards repayment of
loan advanced to the defendants.
3. The appellants contested the suit. Advancement
of loan was admitted. Dispute was raised about nature and
RSA No.222 of 1987 (O&M) 2
terms of loan and particularly whether loan was against
mortgage of property.
4. The trial court decreed the suit accepting the case
of the plaintiff Bank and rejecting the stand of the
defendants. It was held that title deeds had been handed
over to the Bank and relevant documents had been duly
executed by the defendants. On appeal, the findings of the
trial court have been affirmed.
5. The appeal has been pending for the last for than
22 years. The appeal can be entertained only if there is any
substantial question of law. No substantial question of law
has been framed. Even during the course of hearing,
learned counsel for the appellants has not been able to
frame or show any substantial question of law. Only
submission is that finding of the courts below that title
deeds were handed over at Narela branch by way of
equitable mortgage was erroneous. This being a finding of
fact, no substantial question of law arises.
6. The appeal is dismissed.
November 11, 2009 (Adarsh Kumar Goel) 'gs' Judge