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2002 Supreme(Bom) 724

D.Y.CHANDRACHUD
Shiv Builders & others – Appellant
Versus
State Bank of India – Respondent


JUDGMENT - Dr. D.Y. CHANDRACHUD, J.:---This first appeal is directed against a judgment and order dated 11th October, 2000 of the learned 4th Joint Civil Judge, Senior Division, Nagpur. By the impugned judgment and order, the suit filed by the respondent-bank for the recovery of its outstanding dues, has been decreed. The appellants are original defendant Nos. 1 to 3 to the suit. The trial Court while decreeing the suit has directed all the 5 defendants to the suit, including the appellants, to jointly and severally pay a total amount of Rs. 6,22,135.85 alongwith future interest @ 16.5% p.a. from the date of suit until payment. While referring to the date of institution of the suit in Clause 2 of the operative order, the learned trial Judge has referred to the date as 27th February, 1995. Both the learned Counsel are agreed that this is an inadvertent typographical error and the correct date from which interest would have to be paid, as the date of institution of the suit is 27th February, 1998. The learned trial Judge has also granted monthly instalments of Rs. 5,000/- to the appellants to pay the outstanding dues. There is a declaration that the dues of the appellant are secured






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