K.L.MANJUNATH, R.V.RAVEENDRAN
SYNDICATE BANK, SAUNDATTI, BELGAUM DISTRICT – Appellant
Versus
MAHALAXMI GINNING FACTORY, SAUNDATTI – Respondent
( 1 ) APPELLANT herein filed O. S. No. 57 of 1996, on the file of Civil Judge (Senior Division), Saundatti [old O. S. No. 60 of 1993, on the file of principal Civil Judge, Bailhongal] against the first respondent-firm and its four partners (respondents 2 to 5) and two sureties (respondents 6 and 7 ). The appellant and first respondent will also be referred to as the 'bank' and 'borrower firm'. Respondents 1 to 5 together will also be referred to as the 'borrowers' and respondents 6 and 7 as the 'guarantors'.
( 2 ) THE plaint averments, in brief, were as under:2. 1 Appellant-Bank sanctioned a term loan of Rs. 6,37,000/- to the first respondent-firm (and its partners-respondents 2 to 5) for construction of a ginning factory and purchase of machineries. Out of sanctioned loan, the borrowers availed in all Rs. 6,11,0007- (that is Rs. 1,00,000/- on 31-10-1984, Rs. 1,00,000/- on 13-11-1984, Rs. 2,04,743/-on 23-11-1984, Rs. 40,600/- on 18-12-1984, Rs. 50,0007- on 28-12-1984, Rs. 25,0007- on 11-6-1985 and Rs. 90,657/- on 19-9-1985 ). The borrowers and the sureties executed a term loan-cum-hypothecation agreement dated 31-10-1984 in favour of the Bank agreeing to repay
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.