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Delhi High Court
Shri Bipindra Narain Karn vs Bank Of Baroda on 5 September, 2000
Bench: B Khan


ORDER

KHAN, (J)

1. Petitioner availed of the credit card facility of respondent bank and allegedly incurred liability of Rs.1,36,309.82. A demand was raised against him which he failed to satisfy. The Bank, therefore, filed a money suit under Order 37 CPC. He sought leave to defend which was rejected and the decree for Rs.2,22,644/92 along with 12% per annum pendente lite and future interest passed against him. He now challenges the decree on the ground that leave was wrongly refused to him.

2. Petitioner’s grievance is that Trial court refused him leave by placing whole hog reliance on a computerised statement of account submitted by the bank and dis-believed petitioner’s version that only Rs.29,906/- was due from him and consequently passed a decree against him. The trial court, according to him, had fallen in error by straight away taking the computerised bank statement by treating it as conclusive proof without appreciating that it was neither certified to be true copy of the entries contained in bank’s books nor it carried a certificate as contemplated under the Bankers Book Evidence Act. It is submitted that trial court ought to have asked for charge slips which were in its custody and which could authenticate new outstanding liability against him. He has also placed a statement of account on record to show that Rs.1,10.000/- was paid by him to liquidate the liability. Petitioner has a point and it appears that his approach was fair. Once he had pleaded limited liability and volunteered to discharge it on determination, there was no reason for trial court to refuse him leave. The court seems to have acted in hot haste by placing total reliance on computerised Bank statement to shut all doors at him. The order refusing him leave to defend consequently falls and so does the decree based on it.

3. Viewed thus, this revision petition is allowed and impugned decree set aside. Petitioner is granted leave to defend the suit subject to his depositing Rs.50,000/- before trial court. He may file his written statement within one month from today and the suit shall thereafter proceed and be disposed of in accordance with law. Parties to appear before the trial court on 15th September, 2000.


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