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1976 Supreme(AP) 268

GANGADHARA RAO
Jayant T. Shah – Appellant
Versus
Andhra Bank Ltd – Respondent


( 1 ) THIS appeal is filed by the 3rd defendant against the decree in o. S. No. 516 of 1972 on the file of the 1st Additional Judge, City Civil court, Hyderabad.

( 2 ) THE Andhra Bank Limited, the plaintiff, filed the suit to recover Rs. 14,768- 57ps. with subsequent interest. The 1st defendant is M/s. M. A. C. Industries of which the 2nd defendant, Mrs. Maqbool Fatima, is the proprietor. The 1st defendant had an account with the plaintiff-bank. The 2nd defendant approached the plaintiff in the beginning of april, 1969 to extend the credit facilities to the extent of Rs. 20,000 and also wrote a letter to that effect on 5th April, 1969. The 3rd defendant Jayant T. Shah, subsecribed his signature to that letter. After discussion, the 2nd defendant sent a letter dated 9th June, 1969 addressed to the Chairman of the plaintiff-bank requesting for an overdraft facility to the extent of Rs. 20,000. She offered security of two planners with motors, Fiat car, Jawa motor-cycle and vespa scooter, of a total value of rs. 33,500. The plaintiff-bank granted overdraft facility. The defendants 1 to 3 executed the necessary documents in favour of the plaintiff including a promissory note dated 18th
















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