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2003 Supreme(SC) 807

S.N.VARIAVA, H.K.SEMA
Rajasthan Financial Corporation – Appellant
Versus
Man Industrial Corporation LTD. – Respondent


JUDGMENT

S. N. Variava, J.-This Appeal is against an order dated 13th September, 1996 passed by the High Court of Rajasthan.

2. Briefly stated the facts are as follows:

The Appellants had sanctioned a loan to the Respondents against security of a mortgage. As the Respondents failed to repay the loan the Appellants filed an application under Sections 31 (1) (a) and (c) and 32 of the State Financial Corporation Act for recovery of a sum of Rs. 10,89,265.88. Parties compromised the dispute and signed a deed of compromise. The relevant terms of the compromise deed read as follows:

"1. xxx xxx xxx

2. That the company hereby confirm the balance dues of the Corporation (after deduction of Rs. 1,00,000/- (Rupees one lakh only) received on 1.4.1976) as on 5.9.1977 at Rs.12,08,806.83 ps. (Rupees Twelve lakhs eight thousand eight hundred six and paisa eighty three only) as per the statement of account enclosed herewith and agree to pay the said dues as follows alongwith future interest @ 5% above the bank rate prevailing from time to time subject to a minimum of 13-1/2% per annum or at such other rate of interest as may be decided by the Corporation for similar advances from time to time, with h


























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