HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

5/29.01.2010.

Appellant through Mr. Surajit Auddy, the Ld. Advocate and Respondent through Mr. Shankar Mukhopadhyay, the Ld. Advocate are present.  Both sides file BNA.  This appeal was filed against order dated 07.07.2009 passed CDF, Hooghly in CDF Case No. 128/08 whereby complaint was allowed and appropriate relief was granted.

Heard Mr. Auddy, the Ld. Advocate for the Appellant and Mr. Mukhopadhyay, the Ld. Advocate for the Respondent.  The only contention advanced by the Appellant is that the O.P. – Appellant has no default as the default occurred by reason of non-supply of the warrant from the Vasya Bank through its concerned Branch for O.P. – Appellant repeatedly wrote to the said Branch for return of the said document.

Mr. Mukhopadhyay appearing for the Respondent contended that O.P. – Appellant has failed to produce materials to show that sincere effort was made to get back the document from Vasya Bank.

Upon hearing the parties and perusal of the record from Vasya Bank we find though in the Written Objection the O.P. – Appellant has stated that several documents were made to get back the document from Vasya Bank but no particulars are provided of any such letter to the Branch concerned or to the superior authorities of the Vasya Bank itself asking for return of the document.  In the circumstances we find that O.P. neither in the pleading nor documentary evidence could make out a case that it made sufficient attempts to get back the document from Vasya Bank and in the case on the part of the Branch concerned of Vasya Bank where any attempt was made to superior authorities of the said Bank.  In the circumstances we do not find any ground to interfere with the impugned order.  Therefore, the appeal is dismissed and the impugned order is affirmed.  No order as to cost.