' The appellants/defendants, through the filing of the present appeal have called in question judgment and decree, dated 18-5-2002, whereby the learned Judge, Banking Court, while dismissing an application for leave to defend the suit, filed by the appellants, proceeded to pass a decree for the recovery of Rs,1,42,54,065 with costs, against the appellants.
2. Learned counsel for the respondent submits that since the learned counsel for the appellant has furnished his own affidavit in support of the memorandum of appeal, therefore, he has no objection to the acceptance of the appeal and setting aside the impugned decree, provided a direction be issued to the Banking Court for the expeditious disposal of the petition for leave to defend/ suit. Learned counsel for the appellant has readily agreed to this course of action.
3. In view of the above consensus arrived at between the learned counsel for the parties, the present appeal is allowed and the judgment and decree, dated 18-5-2001 is set aside with no order as to costs. The result would be that the petition seeking leave to defend the suit, filed by the appellants, before the learned Banking Court and the main suit shall deem to be pending before the learned Judge, Banking Court, who shall decide, at the first instance, the said leave to defend application afresh, after hearing the parties and of course in accordance with law within a period of two months.