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1996 Supreme(Bom) 718

R.G.VAIDYANATHA
Union Bank of India – Appellant
Versus
Noor Dairy Fram and others – Respondent


JUDGMENT - R.G. VAIDYANATHA, J. :---This is a suit filed by Union Bank of India against the defendants for recovery of money. The defendants have filed written statement. Issues have been framed. One witness was examined on behalf of the plaintiff and plaintiff's case was closed. One witness was examined on behalf of the defendants. I have heard the learned Counsel appearing for both sides.

2.The plaintiff's case is as follows :---

The Union Bank of India, which is a Nationalised Bank. The first defendant is a partnership firm. Defendants Nos. 2 and 3 who are father and son are the partners of the first defendant firm. It is stated that the defendants had obtained term loan facility since 1975 to the extent of Rs. 65,000/-. The defendants have executed a promissory note dated 10th April, 1978 and Hypothecation Agreement of the same date. The defendants have availed that facility. The amount lent to the defendants on different dates have been debited to their accounts. It is further stated that at the same time in April, 1978 the defendants availed Cash Credit (Hypothecation) Facility up to a limit of Rs. 20,000/- and executed a promissory note dated 10th April, 1978 and agreement of

































































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