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The Bank of Rajasthan Ltd. Vs. Shyam Sunder Taparia, Akai Impex Ltd. and ors. - Court Judgment

SooperKanoon Citation
SubjectBanking
CourtMumbai High Court
Decided On
Case NumberCri.W.P. Nos. 928 to 933 of 2006
Judge
Reported inII(2007)BC706
ActsNegotiable Instruments Act, 1881 -Sections 138
AppellantThe Bank of Rajasthan Ltd.
RespondentShyam Sunder Taparia, Akai Impex Ltd. and ors.
Appellant AdvocateKartik Somsundaram, Adv., i/b., ;Paras Kuhad, Adv.;A.S. Shitole, A.P.P. in WP Nos. 928/06 and 933/06, ;M.M. Deshmukh, A.P.P. in WP No. 929/06, ;R.Y. Mirza, A.P.P. in WP No. 930/06, ;M.H. Mhatre, A.P.P
Respondent AdvocateM.P. Dalvi, Adv. for Respondent No. 1
Excerpt:
.....fee was governed by article 1(a) of schedule ii. this was so because the application was to be presented to the court of civil judge which was not a principal civil court of original jurisdiction. but now because of change of definition of term court in the 1996 act, a petition has to be presented, challenging an award made under the 1996 act in terms of the provisions of section 34 thereof, before the principal civil court of original jurisdiction. no entry either in the first schedule or in the second schedule was pointed out which applies to an application or petition to be made before the principal civil court of original jurisdiction, and therefore, when a litigant wants to file petition before a principal civil court having original jurisdiction which is not high court,..........counsel for the parties have fairly agreed that i need not examine the merits of the case and record reasons for setting aside the impugned order and that all the matters be remanded to the sessions court for deciding the same on merits in accordance with law. in the circumstances i am satisfied that the following order shall meet the ends of justice.4. the orders impugned in all the writ petitions dated 19.1.2006 are quashed and set aside. all the revisions stand restored to file. the sessions court shall decide all the revisions on merits in accordance with law and by passing speaking order as expeditiously as possible and preferably within a period of three months from the date of receipt of this order.5. with these observations all the writ petitions stand disposed of.
Judgment:

D.B. Bhosale, J.

1. Heard learned Counsel for the petitioner and respondent No. 1 and learned A.P.P. for the State.

2. All these writ petitions are directed against cryptic order passed by the Sessions Court on 19.1.2006 by which all the complaints filed by the petitioner-Bank have been dismissed. The order passed by the Sessions Court reads thus:

Ms. Joshi APP for State present. Ms. Pradhan Advocate for applicant and Ms. Sagar Advocate for the Respondent are present.

Heard.

In view of SMS Pharmaceuticals the case cannot be maintained against the present applicant. Complaints against them dismissed.

3. The Courts are not expected to pass such cryptic orders. The learned Judge, in the present case, ought to have record short reasons demonstrating as to how the case in hand was covered by the judgment of the Apex Court in S.M.S. Pharmaceuticals Pvt. Ltd. v. Neeta Bhalla and Anr. : 2005CriLJ4140 . The learned Judge even did not feel it necessary to mention full title of the judgment of the Apex Court and the citation thereof while dismissing all the complaints relying upon the said judgment. His approach while passing drastic orders, dismissing the complaints under Section 138 of the Negotiable Instruments Act, 1881 filed by the Bank involving huge amounts, was absolutely casual. The Courts should exhibit from their conduct and their orders, concerned for the justice to be done in the cases and not casualness, as seen from the impugned order in the present case. The learned Counsel for the parties have fairly agreed that I need not examine the merits of the case and record reasons for setting aside the impugned order and that all the matters be remanded to the Sessions Court for deciding the same on merits in accordance with law. In the circumstances I am satisfied that the following order shall meet the ends of justice.

4. The orders impugned in all the writ petitions dated 19.1.2006 are quashed and set aside. All the revisions stand restored to file. The Sessions Court shall decide all the revisions on merits in accordance with law and by passing speaking order as expeditiously as possible and preferably within a period of three months from the date of receipt of this order.

5. With these observations all the writ petitions stand disposed of.


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