SUPREME COURT OF INDIA

Before:- M. Jagannadha Rao and Doraiswamy Raju, JJ.

Civil Appeal No. Nil of 2000. D/d. 31.7.2000.

Ramesh and others - Petitioners

Versus

Ratnakar Bank Ltd. - Respondents

Civil Procedure Code, 1908, Order 9, Rule 13 - Bank Loan - Suit for recovery of loan - ex parte decree - Application for setting aside of ex parte decree - Plaintiff-Bank a tenant of the defendant lonee in the building constructed with the said loan - Application for setting aside of ex parte decree allowed with the condition of deposit of about 60% of the outstanding loan amount.

[Para 4]

ORDER

Leave granted.

2. The respondent-Bank filed a suit in the year 1996 for recovery of Rs. 19.60 lakhs. It appears that the respondent was also a tenant of the appellants in the building constructed, by utilisation of the loan granted by the Bank. Inasmuch as the appellant did not file any written statement within the time granted by the Court, an exparte decree was passed on 10-11-1997. The applications filed thereafter for setting aside the said order and for condoning the delay in filing the said application were dismissed by the trial Court on 10-2-1999. The High Court initially passed an order on 27-9-99 directing the appellant to deposit Rs. 20 lakhs. The appellant was not able to deposit the said amount. Thereafter, the High Court passed the present order (impugned order) on 11-10-99 refusing to set aside the exparte decree. It is against the said order that this appeal is preferred.

3. This Court passed an order on 24-4-2000 directing the appellant to deposit Rs. 7,00,000/- (Rs. Seven lakhs) within eight weeks. The said amount has been deposited.

4. As a condition for setting aside the ex partedecree and for restoration of the suit, we direct the appellant to deposit a further sum of Rs. 5 lakhs within ten weeks from today and that if the amount is so deposited within the said period, the ex parteorder passed by the trial Court on 10-11-97 shall stand set aside and the suit will stand restored to the file of the trial Court. The trial Court shall then issue notice to the appellant and fix a date for filing written statement and thereafter proceed in accordance with law.

5. The amount already deposited by the appellant will be permitted to be withdrawn by the respondent Bank and will be adjusted towards the suit amount. The further amount to be deposited, in case it is deposited, shall also be permitted to be withdrawn by the respondent-Bank and adjusted towards the suit amount. In case the further amount of 5,00,000/- (Rs. five lakhs), as directed in this order is not deposited within the period of 10 weeks now granted, this appeal shall stand dismissed without further reference to Court. The said deposit and the withdrawal of the same shall be subject to the result of the suit. The appeal is disposed of in terms of the above direction.

Order accordingly.