R.S.A.No.78 of 2009 1 IN THE HIGH COURT OF PUNJAB AND HARYANA AT CHANDIGARH R.S.A.No.78 of 2009 Date of Decision : 17.09.2009 Firm Mehar Singh and another ...Appellants Versus Punjab & Sind Bank and others ...Respondents CORAM:HON'BLE MR. JUSTICE HEMANT GUPTA Present: Mr. B.R.Mahajan, Advocate, for the appellants. HEMANT GUPTA, J. (ORAL) The defendants are in second appeal against the judgment and decree dated 01.09.2008 passed by the learned first Appellate Court in a suit for recovery. The Bank has filed a suit for recovery on the basis of payment made to Central Central Warehousing Corporation in terms of Bank Guarantee Bond Ex.P-2 and Counter Guarantee Ex.PW2/1 issued at the instance of the defendant-appellants. It has been found that payment by the Bank in the year 1988 in pursuance of such guarantees was legal and valid and thus, the plaintiff- Bank is entitled to receive the amount from the defendants in the present suit for recovery of the amount paid in terms of the Bank Guarantees. The reasoning given by the learned first Appellate Court cannot be said to be unwarranted or unfair in any manner. It could not be pointed that any evidence has been misread or not taken into consideration. Findings of fact recorded by the learned first Appellate Court cannot be permitted to be disputed by reappreciation of evidence in R.S.A.No.78 of 2009 2 second appeal. Consequently, I do not find that any substantial question of law arises for consideration by this Court. Dismissed. 17.09.2009 (HEMANT GUPTA) Vimal JUDGE