CCCA/222/2005 of The State Bank of Hyderabad Vs Vijaya Bank on 31 December 2024

IN THE HIGH COURT FOR THE STATE OF [TELANGANA]AT HYDERABAD

TUESDAY, THE THIRTY FIRST DAY OF DECEI\iIBERTWO THOUSAND AND TWENTY FOUR

PRESENT

THE HON'BLE SRI JUSTICE ABHINAND KUMAR [SHAVILI]ANDTHE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY

C.C.C.A.No: 222 of 2OOs

Appeal filed under Section 96 [of ][C.P.C. aggrieved by ][the ][Judgment ][and]Decree dated 11-04-2005 [passed ][in ][o.s.No.359 ][of ][2002 ][on ][the ][file ][of the ][court]of the XIV Additional Chief Judge, [City ][Civil Court, ][Hyderabad.]

Between

1The State Bank of Hyderabad, [a company constituted ][under ][the ][State Back of]lndia Act having its regd. Office [at ][Hyderabad ][rep. by ][its ][Chairman ][and]tvlanagin g Director at [Gunfou ][ndry, ][Hyderabad.]lndia Act having its regd. Office [at ][Hyderabad ][rep. by ][its ][Chairman ][and]tvlanagin g Director at [Gunfou ][ndry, ][Hyderabad.]

2The State Bank of Hyderabad, [lndustrial Finance ][Branch, ][Topaz ][Buildings,.]Amrutha Hills, Punjagutta Hyderabad. [rep. ][by ][its ][General ][manager-]Amrutha Hills, Punjagutta Hyderabad. [rep. ][by ][its ][General ][manager-]

...APPe I la n ts/Defe [nd ][a ]nts

AND

Vrjaya Bank, a company constituted [under Banking Coqpanies ][Act. ][having ][its],eg,i. Offi." at Bangdlord and one [of its branches ][at ][ARIVI ][Branch, Basheer ][Bagh,]Hyderabad rep. by its Chief l'/lanager.

...RespondenUPlaintiff

Counsel for the Appellants: [Sri A. ][Krishnam ][Raju, ][Standing ][Counsel]

Gounsel for the Respondent: [Sri ][K. ][Mallikarjuna ][Rao]

The Court delivered the following: [JUDGMENT]

HON'BLE SRI JUSTICE ABHINAND KUMAR SI IAVILIANDHON'BLE SRI JUSTICE I-AXMI NARAYANA ALISHETTYC.C.C.A.No.222 of 2005

DGMENT:

(Per [lon'ble 5i Ja.trirv Abhinand Kznar.fhati/i)

Aggdcr.ed bv the decree and judgment datcd 11.04.2005 passed in O.S.No.359 of 2002 br. the XI\rAdditional Chicf Judge, City Civil Court, Hydmabad, theprcsent appeal has been filed2. I-learcl Sri A.I{rishnam Raju, learned Stancling Counselappearing for the appellants.

3. lt is thc case of the appcllanrs-State Rank ofI'Iydetabad that the respondent-Vijava Bank has liled a suitlor recovery of an amount of Rs.3,41,52,354.40 paise againsttlre appcllants. ['fl-re ]trial Court dismissed the stit uidelr-rdgment [datcd 11.04.2005. ][\X,'hile ][dismissing ][the ][suit, ][the]trial Court had made certain remarks with resard ro theofficers of the appellants-Bank rhat they have acted inpanisan manner and might har.e been prompted by corrupt motlves ln not paylng the sharc to [the ][respondent-Bank out]of Rs.7 crores and in allowing the [borrow-er ][to ][take ][arvalr ][ths]monev. Aggrievcd by the said findings, [the ][present ][appeal]has been filed4. Lcatned counsel appearing for the [appcllants ][had]contended that the uial Court [could ][not ][have ][given ][such ][a]finding against the appeliants in [the ][abscnce ][of ][any ][er'-idcnce]to the effect that thc offlcers of [the ][appellants ][Bank ][have]acted in partisan manner [and ][prompted ][bv ][corrupt ][motives]in flot pa\,1flg the share of the [respondenrBank ][out ][of ][Rs'7]cfores.'I'hcreFrrre. appropriate orders be passed in theappeal b,v expunging the [remarks made ][by the ][triai Court ][-in]ol the [judpylient ][and ][decree.]pzr.aT 5. Having considercd the said [submissions, ][this Court ][is]of the vierv that thc present [appcal ][is ][Bled ][only ][to ][the ][Limited]exteflt of expunging the remarks [made ][by ][the trial Court ][irr]para 7 oi the decrcc and iudgment. [Thc trial ][Court ][ought]

..':aF= $ [drF-7]- [".': ]*,-.-,/' "'/'

J

rlot to havc recorded thc adverse [findings ][:rgainst ][tl-re]appellants in the abscncc of [any' ][evidcnce ][to ][that ][cffcct,]hence. the said r-crnarks/ [Frndrngs ][are ][expungccl ][rts ][rccorde ][d]

irpara-7 of rher rmpugned iudgment

6. \X7ith thc above observations, the Appeal is [disposcd]

o t-. No costs

ii N{isccllancor-rs petitions, any, pcnding [sl.rall ][stand]

closecl

Sd/- T. KRIS HNA [KUMAR]REGISTRAR

//TRUE COPY//

ON OFFICER

To,

.1 . The XIV Additional Chief Judge, City Civil Court, Hyderabadrecords, if anY)2. One CC to S;i [A. ][Krishnam Raju, Standing Counsel ][[OPUC]]3. One CC to Sri [K. Mallikarjuna ][Rao, ][Advocate ][IOPUC]]4. Two CD CoPies (with Kam/D

HIGH COURT

DATED:31 11212024

JUDGMENT+DECREECCCA.No.222 of 2005

DISPOSING OFTHE APPEAL

1l{ESTAT6k<i-Ci-o,.: iL)3O [APH ][NM]t,l:->--Oi:S,1i1(..i, IN THE HIGH COURT FOR THE STATE OF TELANGANAAT HYDERABAD

TUESDAY, THE THIRTY FIRST DAY OF DECEMBERTWO THOUSAND AND TWENTY FOUR

PRESENT

THE HON'BLE SRI JUSTICE ABHINAND KUMAR SHAVILIAND

THE HON'BLE SRI JUSTICE LAXMI NARAYANA ALISHETTY

C.C.C.A.No: 222 ot 2005

Between:

'1. The State Bank of Hyderabad, a company constituted under the State Back oflndia Act having its regd. Office at Hyderabad rep. by its Chairman andManaging Director at Gunfoundry, Hyderabad.The State Bank of Hyderabad, a company constituted under the State Back oflndia Act having its regd. Office at Hyderabad rep. by its Chairman andManaging Director at Gunfoundry, Hyderabad.

2. The State- Bank of Hyderabad, lndustrial Frnance Branch, Topaz Buildings,Amrutha Hills, Punjagutta Hyderabad. rep. by its General manager.Amrutha Hills, Punjagutta Hyderabad. rep. by its General manager.

....Appellants/Defendants

AND

Vijaya Bank, a company constituted under Banking Companies Act having itsregd. Office at Bangalore and one of its branches at ARM Branch, Basheer Bagh,Hyderabad rep. by its Chief Manager.regd. Office at Bangalore and one of its branches at ARM Branch, Basheer Bagh,Hyderabad rep. by its Chief Manager.

...RespondenUPlaintiff

Appeal filed under Section 96 of C P.C. aggrieved by the Judgment andDecree dated 11-04-2005 passed in O.S.No.359 of 2002 on the file of the Courtof the XIV Additional Chief Judge, City Civil Court, Hyderabad This appeal coming on for hearing and upon perusing the grounds of appeal,the Judgment and Decree of the Lower Court and the material papers in the caseand upon hearing the arguments of Sri A. Krishnam Raju, Standing Counsel for theappellants and Sri K. Mallikarjuna Rao, Advocate for the Respondent.

#_*': - -+' --'7

This Court doth Order and Decree as follows:

1. That the Appeal be and hereby is disposed of;

2. fhal the trail Court ought not to have recorded the adverse findings againstthe appellants in the absence of any evidence to that effect and the saidremarks/findings be and hereby are expunged as recorded in para-7 of theimpugned judgment, andthe appellants in the absence of any evidence to that effect and the saidremarks/findings be and hereby are expunged as recorded in para-7 of theimpugned judgment, and

3. That there shall be no order as to costs in this appeal.

Sd/- T. KRISHNA KUMARDTY REGISTRARSECTION OFFICER

//TRUE COPY//

To,

'1. The XIV Additional Chief Judge, City Civil Court, Hyderabad

2. Two CD Copies

Kami DL

HIGH COURT

DATED:31 11212024

DECREE

CCCA.No.222 of 2005

DISPOSING OFTHE APPEAL

II