IN THE HIGH COURT OF JUDICATURE OF BOMBAY BENCH AT NAGPUR SECODN APEPAL NO.20/2010 [Anil Jagannath Mashakhetri ..vs.. Bank of Mah. & ors ] Office Notes, Office Memorandum of Coram appearances, Court's orders or directions & Registrar's orders. Court's or Judges Order C ORAM : SMT. VASANTI A NAIK,J. DATED : 22nd June, 2010. Heard Shri Morande, the learned counsel for the appellant. The second appeal is admitted on the following substantial questions of law: 1] Whether the courts could have held that the appellant was liable as a guarantor to pay the decretal amount to the bank, specially when the signature of the appellant on the revival letter and the deed of guarantee was totally different and the trial court had not considered this aspect of the matter and the other evidence on record? 2] Whether the appellate court could have fixed the liability on the appellant on the basis of the revival letter, when there was no pleading in the plaint about the revival letter and in the absence of the same, the suit would have been barred by limitation ? Call R & P. Shri Patait, the learned advocate waives notice of hearing on behalf of respondent no.3. JUDGE CIVIL APPLCIATION [CAS] NO.39/2010 Heard Shri Morande, the learned counsel for the appellant. None appears on behalf or respondent no.1 & 2. Shri Patait, the learned counsel for the respondent no.3 waives notice on behalf of respondent no.3. Since the second appeal is admitted on a substantial question of law and since a very strong prima facie case has been made out by the appellant, the judgment passed by the courts are stayed as regards the decree against the appellant. Civil application is allowed and disposed of. JUDGE SMP