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2008 Supreme(Bom) 1788

NISHITA MHATRE
Vinayak Chintamani Agashe – Appellant
Versus
State of Maharashtra – Respondent


Advocates:
Advocate Appeared
Mr.Prathamesh Bhargude i/by A.V.Anturkar for the petitioner.
Mr.Asif Patel, A.G.P. for respondent Nos.1 and 2.
Mr.Atul Damle, for the respondent No.3.

ORAL JUDGMENT JUDGMENT:

1. By this writ petition the petitioner has challenged the judgment and order passed by the Deputy Registrar, Co-operative Societies, Pune, in Application No.5 of 1988 dated 14.5.1992. By this order, the Deputy Registrar held that the petitioner who was a guarantor of a loan availed of by respondent No.4 herein was liable to repay the amount as respondent No.4 had 2 defaulted in repaying the loan.

2. The respondent No.4 which is a proprietary concern, availed of the cash credit facility from respondent No.3 Bank. The petitioner and respondent No.5 agreed to be the guarantors for the loan obtained by the respondent No.4 from the Bank. The loan sanctioned by the Bank was to the tune of Rs.5 lacs and the interest rate payable was 18% per annum. Various documents were executed in order to process the loan. These documents included a demand promissory note, cash credit agreement, letter of continuity, letter of hypothecation and the guarantee bond executed by the petitioner and respondent No.5.

3. The borrower i.e. respondent No.4 herein defaulted in repaying the loan. A notice dated 26.12.1987 was issued by the Bank to













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