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2004 Supreme(SC) 690

S.N.VARIAVA, ARIJIT PASAYAT
B. G. VASANTHA – Appellant
Versus
CORPORATION BANK, MANGALORE – Respondent


ORDER

1.This appeal is filed against the judgment dated 25-9-1998.

2. Briefly stated, the facts are as follows: The respondent Bank had advanced a term loan of Rs 60,000 to the 2nd respondent. On the same day it also advanced two cash credit facilities of Rs 10,000 each to the 2nd respondent. The appellant executed deeds of continuing guarantee guaranteeing to repay the amount advanced to the 2nd respondent along with interest thereon. Subsequently, the cash credit limits were extended to Rs 20,000 and Rs 25,000.

3. The respondent Bank filed suit for recovery of the amount. The trial court dismissed the suit on the ground that the plaint had not been signed by an authorised person. It also held that the appellant herein had only agreed to repay the principal amount and not the interest. As against this, the respondent Bank went in appeal. The High Court by the impugned judgment set aside the judgment of the trial court and decreed the suit. While decreeing the suit it has awarded interest @ 15.5% p.a. in respect of the abovementioned facilities.

4. We are in agreement with the view of the High Court that the suit was not barred by limitation. The guarantee being a continuing guaran


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