FA/320/1988 1/3 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD FIRST APPEAL No. 320 of 1988 For Approval and Signature: HONOURABLE MR.JUSTICE KS JHAVERI ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= STATE BANK OF INDIA - Appellant(s) Versus SHREE GANESH BESHAN ROLLER MILLS & 6 - Defendant(s) ========================================================= Appearance : MR Pranav G Desai for Appellant(s) : 1, NOTICE SERVED for Defendant(s) : 1 – 4, 6 - 7. NOTICE UNSERVED for Defendant(s) : 5, ========================================================= CORAM : HONOURABLE MR.JUSTICE KS JHAVERI Date : 13/05/2008 ORAL JUDGMENT 1. This Appeal is directed against the judgment and decree passed by the learned 2nd Jt. Civil Judge (S.D.), Bharuch in Special Civil Suit FA/320/1988 2/3 JUDGMENT No. 112 of 1983 dated 31.03.1986 whereby, the respondents, original defendants, were directed to pay an amount of Rs.8,23,362.64 to the appellant – Bank with running interest @ 13 per cent per annum from the date of the suit till its realization in monthly installments of Rs.12,000/- commencing from 01.12.1986. The subsequent installments were to fall due on or before the 5th day of every subsequent calendar month. It was also directed that on failure of the original defendants to pay up any five consecutive installments in time, the appellant – Bank shall become entitled to recover the balance decretal amount without waiting for the subsequent installments to become due. 2. Before the Court below, the respondents, original defendants, had admitted the claim of the appellant – Bank and had also showed their willingness to pay up the decretal amount by granting them some installments. On the basis of the request made by the respondents and with the consent of the appellant, the Court below passed the impugned decree. Necessary care has been taken by the Court below to protect the interest of the appellant while passing the impugned decree. Moreover, by this time, the installments granted by the Court below are already over. FA/320/1988 3/3 JUDGMENT 3. In above view of the matter, this Appeal is not entertained. It stands disposed of accordingly. No order as to costs. [K. S. JHAVERI, J.] Pravin/*