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He also contended that the documents on which reliance is placed by
SCB were not proved. The evidence of the plaintiff's witness, Kalyana
Raman, employee of ABFSL, shows that only two persons, namely, himself
and another officer of ABFSL, R.V. Shenoy, had dealt with such
transactions. But neither officer claimed any personal knowledge of the suit
bonds transaction. Further, that Kalyana Raman gave evidence that the
dealers were mainly dealing with one Shiv Kumar, another officer of SCB,
who might be in the know of the suit bonds transaction. Although, SCB took
out a Chamber Summons for examining the said Shiv Kumar as he was
posted at Singapore at the material point, the Chamber Summons was not
pursued and Shiv Kumar was not examined. Thus, according to Mr.
Kapadia, there is no evidence worth reliance placed on record to show how
the deal was struck and the contract of the purchase of the bonds was
brought about, as the documents placed on record were hardly worth
credence. That during the cross examination of Kalyana Raman, SCB was
specifically called upon to produce on record the document showing HPD's
involvement in the transaction and the learned counsel for SCB stated that
there were no such documents in existence at all. Mr. Kapadia, therefore,
submitted that no evidence could be considered contrary to the pleadings of
SCB, for which he strongly relied on Siddik Mohamed Shah v. Mt.
Saran & Ors. , Bhagatsingh & Ors. v. Jaswant Singh and Shri
Venkataramana Devaru & Ors. v. State of Mysore. For all these
reasons, Mr. Kapadia submitted that SCB had failed to prove that it had
acquired title to the suit bonds even on 26/27.2.1992.