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1994 Supreme(SC) 1299

FAIZAN UDDIN, S.C.AGRAWAL, SUJATA V.MANOHAR
State Bank Of Bikaner And Jaipur – Appellant
Versus
National Iron And Steel Rot-ling Corporation – Respondent


Advocates:
A.K.Sangal, A.P.Dhamija, K.K.GUPTA, S.Atreya, SUSHIL JAIN, V.M.TARKUNDE, V.R.REDDY

Judgment

Sujata V.Manohar, J.

(1) EAVE granted.

(2) THE appellant, namely, the State Bank of Bikaner and Jaipur had given cash credit facilities to Respondent 1, National Iron and Steel Rolling Corporation. Respondents 2 to 5 are the partners of Respondent 1. As a security for repayment of the amounts advanced to Respondent 1 by the appellant-bank. Respondent 1 created a mortgage of their factory premises situated at Industrial Area, Bharatpur by a Deed of Mortgage dated 18/10/1977. They have also, by a Letter of Promise dated 10/6/1981, pledged the plant and machinery installed in the said premises to the bank as a security for the said advances. There is also an agreement for the pledge of movables dated 7/1/1980 executed by the first respondent in favour of the appellant-bank.

(3) THE appellant-bank filed Civil Suit No. 5/86 in the court of the Additional District Judge II, Bharatpur against the respondents for the recovery of a sum of Rs. 3,79,672.00 due and payable under the above cash credit facility and for future interest @ 16.25% p.a. with quarterly rests. In this suit the appellant-bank also asked for the realisation of the mortgage secur










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