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2008 Supreme(Bom) 127

V.C.DAGA
Bank of India – Appellant
Versus
Allibhoy Mohammed – Respondent


Advocates appeared
Mr. R.K. SHUKLA i/b. V.B. Tiwari & Co., for the Plaintiff.
None for the Defendants.

JUDGMENT:- The plaintiff (the bank) has filed the suit against the defendant No.1 partnership firm, and it's partners, the defendant Nos.2 to 5, holding them jointly and severally responsible for recovery of the suit claim.

THE FACTUAL MA TRIX

2. The plaint allegations reveal, sometime in the months of January and April. 1988 on the request of the defendant No.1., who is engaged in the trading activities of import and export of leather merchandise, the plaintiffs' Null Bazar Branch granted certain financial facilities to the defendant No.1 which it failed to pay. Hence present suit was filed for recovery of their dues.

3. The plaintiff bank claims that the defendant No.1 failed to repay financial facility granted against Letter of Credit (L.C.) inspite of repeated demands and reminders.

4. The plaintiff-bank also allege that the defendant No. I was granted over draft facility. in consideration of which it has executed Promissory Note on 31.12.1987 for Rs.15.000/-whereunder defendant No.1 agreed to pay Rs. 15,000/- to the plaintiff with interest thereon at the rate of Rs.6.5% over minimum 16.Y;:' of the interest with quarterly rests.

5. The plaintiff allege that the defendant no. 1 ha






























































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