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1996 Supreme(SC) 1667

A.M.AHMADI, SUJATA V.MANOHAR, K.S.PARIPOORNAN
Gloria Chemical Industries: Ramesh Kumar Seth – Appellant
Versus
Bank Of India LTD. – Respondent


JUDGMENT

Mrs. Sujata V. Manohar, J.-The first respondent, Bank of India, filed a suit against Gloria Chemical Industries Ltd., the petitioner in S.L.P. (C) No. 3277 of 1992 and against Ramesh Kumar Seth and Asha Seth the petitioners in S.L.P. (C) No. 3276 of 1992 for a decree for Rs. 3,62,37,165.10 and for other reliefs. The suit was filed against Gloria Chemical Industries Ltd. as principal debtor and Ramesh Kumar Seth and Asha Seth as guarantors. The claim of the bank was in respect of credit facilities given to Gloria Chemical Industries Ltd. under a Cash Credit Account, Term Loan Account Nos. I, II and III, Temporary Overdraft Account and Guarantee Account. Ramesh Kumar Seth and Asha Seth were guarantors in respect of the amounts advanced by the bank to the said company.

2. On 30.8.1990 the plaintiff-bank took out a judge s summons under the provisions of Chapter XIII-A of the Rules of the Calcutta High Court for final judgment against the company and the guarantors. Chapter XIII-A of the Rules of the Calcutta High Court provides a summary procedure in suits to recover debt or a liquidated demand in money or for immovable property. Rule 1 of the said Chapter is as follows :

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