Document Fragment View

Matching Fragments

Petitioner arraigned as respondent No.2 in Misc. No.944/1994 before the City Civil Court at Bangalore, filed by the respondent-KSFC, aggrieved by the order dated 6.11.2012 allowing I.A. under order 16 Rules 1 and 2 of CPC, has presented this petition.

2. Respondent having filed the miscellaneous petition invoking Section 31(a)(a) and 31(1)(aa) of the State Financial Corporation Act, for a judgment and decree to recover Rs.1,34,26,588.90 as on 10.6.1994 together with interest at the contractual rate as also compound interest, after conclusion of the evidence of the parties, filed I.A under Order 16 Rules 1 and 2 of CPC for additional evidence by summoning a witness. In the affidavit accompanying the application it is stated that, the KSFC having taken into account the paripassu arrangement with KSSIDC and payments made to KIADB and KEB, worked out the sale price approximately to Rs.24.69 lakhs, which was adjusted towards the account of the defaulting company on a tentative basis and the details of the accounts are maintained by the accounts department and in order to prove the said payments made by the KSFC, the examination of the Accounts Officer is found to be very necessary.