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M.Y.EQBAL
Bank of India Adityapur Kamshedpur – Appellant
Versus
Aswi Electricals – Respondent


Counsel for the Parties:
For the Appellant:Mr. A. Allam and Mr. Nehalal, Sharmin, Advocates.
For the Respondents:Mr. V. Shivnath and Mr. Anoop Kumar Mehta, Advocates.

JUDGMENT

M. Y. Eqbal, J. —This appeal is directed against the judgment and decree dated 30.9.1999 passed by Subordinate Judge-II, Seraikella in Money Suit No.3 of 1997 whereby the suit filed by the plaintiff/appellant of recovery of a sum of Rs.2,75,321.48 has been dismissed mainly on the ground that the same was barred by limitation.

2. The plaintiff Bank of India having its Adityapur branch, filed the aforementioned suit against the respondents for recovery of the loan amount together with interest taken by them. The plaintiff appellant’s case inter alias, was that defendant/respondent No.2 as proprietor of defendant/respondent No.1 M/s. Aswi Electricals, approached the plaintiff Bank for financials, approached by way of loan and cash credit facility. On the request of the respondents, the plaintiff Bank sanctioned a loan of Rs.1,10,000 and a cash credit facility to a limit of Rs.60,000. Respondent No.2 for self and as proprietor of defendant No.1 executed number of documents on 8.10.1987 including demand promissory notes, agreement of hypothecation, continuing security, letter of lien, agreement of guarantee, etc. Defendant/respondent No.3 became the surety and executed letter

























































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