9911796707
TMI Blog2001 (5) TMI 915X X X X Extracts X X X X X X X X Extracts X X X X ..... he Banking Companies (Acquisition and Transfer of Undertakings) Act, 1970. The suit is for recovery of Rs. 7,92,563.46 p. Averments contained in the plaint are that the defendant No. 1 which is engaged in carrying on business of providing consultancy and engineering service to foreign Indian buyers, assembly and fabrication of automatic capsule etc. approached the plaintiff-Bank for sanction of va ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nd another personal guarantee dated 20th Oct., 1983 for Rs. 1 lakh. A Cash Credit Account was opened with the plaintiff Bank in its Defence Colony Branch and the amount of Rs. 1 lakh was transferred to the said amount. The defendant No. 1 availed the loan and it was kept over drawn however it did not adhere to the clearing of cash credit limits. The plaintiff approached the defendant No. 1 for adj ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... orised person ? 2.Whether the plaint has been filed within limitation ? 3.To what rate of interest, the plaintiff is entitled from the defendants? 4.Whether the suit is maintainable against defendant No. 2 ? 4. Thereafter, the defendants 1 and 2 also stopped appearing and all the defendants were proceeded ex parte . The plaintiff was allowed to lead evidence by way of affidavit. The pla ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... The witness has also stated that as per the record a total amount of Rs. 7,92,563.46 p. is outstanding statement of account duly certified by the bankers under the Evidence Act has been filed along with the plaint. In the affidavit, it is also stated that the defendant No. 3 has paid a sum of Rs. 5,92,887.70 p. during the pendency of the suit and the defendant has absolved him from the liabilities ..... X X X X Extracts X X X X X X X X Extracts X X X X
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