P.B.GAJENDRAGADKAR, RAGHUBAR DAYAL, V.RAMASWAMI
S. CHATTANATHA KARAYALAR – Appellant
Versus
Central Bank of India LTD. – Respondent
Judgment
RAMASWAMI, J.
( 1 ) THIS appeal by certificate is brought on behalf of the 3rd defendant against the judgment and decree of the High Court of Kerala dated 18/07/1962 in A. S. No. 561 of 1961 which affirmed the judgment and decree of the Court of the Subordinate Judge of Alleppey in O. S. No. 114 of 1957.
( 2 ) BY a resolution Ex. BD dated 25/11/1946 the Board of Directors of the 1st defendant Company authorised the 2nd defendant to obtain financial accommodation from the plaintiff-bank to the extent of Rs. 15 lakhs under different kinds of loans. Pursuant to this resolution the Company by its letter Ex. DE dated 26/11/1946 asked for accommodation for Rs. 1 lakh under clean overdraft, for Rs. 4 lakhs under open loan and for S. 10 lakhs under out agency and key loans. On 26/11/1946 all the three defendants executed a promissory note Ex. B in favour of the plaintiff-bank for a sum of Rs. 4 lakhs. The promissory note was sent to the plaintiff-bank along with a letter Ex. A styled letter of continuity dated 26/11/1946. Ex. A reads as follows :"alleppey, 26/11/1946. THE Agent,the Central Bank of India Limited, Alleppey. DEAR Sir,we beg to enclose an on demand pro note p. Rs. 4,00,
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.