Shafiq Ahmed v. Bank of India
Case brief
What is this about?
Withdrawal of original claim/suit by decree-holder bank after write-off of account and waiver of decreetal amount; application IA No.1/2025 under Order 23 Rule 1 CPC read with Section 151 CPC allowed; impugned judgment and decree (Additional District Judge, Gangapur City; Civil Suit No.6/1999) set aside; first appeal dismissed; stay and pending applications disposed. Parties: Shafiq Ahmed (defendant/appellant) v. The Bank of Rajasthan Limited, Branch Mahu Kallan (plaintiff/respondent); proforma respondents Prem Singh and Jagdattar Singh. Decreed amount Rs.61,393/- with deduction of Rs.7,500/- FDR subsidy. Bench: High Court of Judicature for Rajasthan, Jaipur; Hon'ble Mr. Justice Ganesh Ram Meena; order dated 20/09/2025; [2025:RJ-JP:38940]. Counsel: Shailesh Prakash Sharma for appellant; Namish Nigotia with Rakesh Kumar, and Sohan Singh for Arvind Gupta, for respondents.
What did the court decide?
IA No.1/2025 allowed: plaintiff/applicant Bank permitted to withdraw the original claim/suit; consequently the impugned judgment and decree of the Additional District Judge, Gangapur City in Civil Suit No.6/1999 set aside; stay application and pending applications disposed of.