Mahendrabhai Kantilal Dave vs Manekchowk Co-Op Bank Ltd. And 2 Ors. on 12 July, 2007
13. Thus, it is apparent that in both the cited cases, though the goods were hypothecated goods, the sureties were discharged as there were categorical findings of facts recorded by the Subordinate Court that : [i] there was loss of goods, and [ii] such loss had been occasioned due to negligence of the bank. Applying the aforesaid decisions to the facts of the present case, not only is there no finding as to the loss having been occasioned by the negligence of the bank, but the deposition of the bank official states otherwise. As recorded by this Court in the case of Union Bank of India, Bombay v. Suresh Bhailal Mehta (supra) this is not a case where the defendant has led any evidence. To the contrary, as recorded hereinbefore, the defendant had not taken any steps in furtherance of the pleadings and their right to lead evidence had been closed by the Board of Nominees after having granted reasonable opportunities.