SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2007 Supreme(AP) 427

G.V.SEETHAPATHY
State Bank of India, King Kothi Branch Hyderabad, rep. By its Branch Manager – Appellant
Versus
Zeenath X-ray ECG Clinic, rep. By its Managing Partner – Respondent


Advocates Appeared: For the Appellant:K.V. Subramanya Narasu, Advocate. For the Respondent:C. Kodandaram, Advocate.

Judgment :-

This appeal is directed against the judgment and decree dated 15.04.2002 in OS No.90 of 1996 on the file of the Court of I Senior Civil Judge, City Civil Courts, Hyderabad, wherein the suit filed by the appellant herein for recovery of a sum of Rs.3,48,533/- was dismissed with costs.

2. The appellant filed the suit with the following averments: On application of the 2nd defendant, who is the Managing partner of first defendant, term loan of Rs.2,30,000/- was sanctioned by the plaintiff bank for business purpose, on hypothecation of stocks and machinery and personal guarantees offered by the defendants 2 to 8 apart from mortgage of the plaint schedule property belonging to 8th defendant. The defendants have executed general agreement for grant of medium term advance on 31.3.1984, ancillary agreement dated 31.3.1985, and guarantee agreement for small industrial advances dated 31.3.1984. That apart, 8th defendant also created equitable mortgage in respect of his house property as collateral security for the loan. The defendants also executed a letter of confirmation of balance on 6.1.1988, 30.09.1989 and revival letters on 30.09.1986 and 30.08.1989. In spite of several dema






































Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top