NITIN PRABOIDHCHANDRA GADEKAR vs THE STATE BANK OF INDIA THR. SHRI. SANJA KUMAR MEHROTRA,ASST.GENERAL MANAGER

Judgment text excerpt

13-CRA-278-2022.doc Arjun IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION CIVIL REVISION APPLICATION NO.278 OF 2022 Nitin Prabodhchandra Gadekar …Applicant Versus The State Bank of India, …Respondent Through Sanja Kumar Mehrotra, Assistant General Manager _______________________________________________________________ Mr. Rajendra V. Pai, Senior Advocate a/w Aloukik R. Pai, Akshay R. Pai, Prajakta Shringarpure, Shanmukh Puranik, Saharsh Sakhare, Varad Jadhav & Priyanka Rammurthy i/b Bina R. Pai, for the Applicant. Ms. Sonal a/w Mr. Pranay Patil i/b FF & Associates, for the Respondent. _______________________________________________________________ CORAM: MADHAV J. JAMDAR, J. DATED: 27 JANUARY 2025 JUDGMENT: 1. Heard Mr. Pai, learned Senior Counsel for the Applicant and Ms. Sonal, learned Counsel for the Respondent. 2. By the present Civil Revision Application filed under Section 115 of the Code of Civil Procedure, 1908 (“CPC”), the Applicant i.e. Original Plaintiff is challenging the legality and validity of the Order dated 4th May 2022 passed by the learned Appellate Bench of the Small Causes Court at Mumbai in Appeal No.71 of 2021 (“impugned Order”). 3. By the impugned Order dated 4th May 2022, the Appellate Court set aside the Order dated 12th March 2020 passed below Exhibit – 19 in 1 13-CRA-278-2022.doc T. E. & R. Suit No.37 of 2018. By the said Order dated 12th March 2020, the learned Trial Court allowed the said Application filed under Order XII Rule 6 and Section 151 of the CPC seeking judgment on admission. The learned Appellate Court by the impugned Order has set aside the judgment on admission passed by the learned Trial Court. 4. It is the submission of Mr. Pai, learned Senior Counsel for the Applicant that the Indenture of Lease has be