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august 2001

Supreme Court of India · 2001-08-10

M/S. PLASTO PACK, MUMBAI vs RATNAKAR BANK LTD.

Citation / case number
SC 1999/16609
Court
Supreme Court of India
Petitioner
M/S. PLASTO PACK, MUMBAI
Respondent
RATNAKAR BANK LTD.
Bench
R.C.LAHOTI, K.G.BALAKRISHNA

Judgment text excerpt

The Supreme Court addressed the appeal against a decree passed under Order 8 Rule 10 of the CPC, where the respondent bank sought recovery of dues amounting to Rs.7,61,786.68 from the appellants, who had executed a demand promissory note and mortgage. The Court held that the modification of the decree by the Single Judge without notice to the appellants was improper, emphasizing the necessity of adhering to principles of natural justice. The Court ultimately set aside the modified decree, allowing the appellants to contest the suit.

M/S. PLASTO PACK, MUMBAI vs RATNAKAR BANK LTD. · Niyam