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1966 Supreme(Pat) 98

H.MAHAPATRA, A.B.N.SINHA
Baijnath Bhalotia – Appellant
Versus
State Bank Of India – Respondent


Judgment

Mahapatra, J.

1. Defendant No. 2 is the appellant. The appeal arises out of a suit brought by the State Bank of India for recovery of Rs. 1,60,076-4-11 with interest pendente lite and future from the defendants. The case of the plaintiff-Bank was that the defendants had opened a cash credit account with the Bank and had entered into an arrangement that they would pledge goods with the Bank as security against the advances and, later on, on payment of proportionate amount, would take the release of the pledged goods and gradually discharge the loan of the Bank. In addition to this arrangement which was evidenced by the documents of agreement, they had also given letters to the Bank that each one of them will be responsible to the Bank for any act done by other defendants in regard to taking advance and furnishing security of goods. On the date when the suit was instituted, the defendants, according to the plaintiff-Bank, owed Rs. 1,60,076411. I should make it clear that the suit was instituted only on the contract of loan and not on the contract of pledge or any other agreement entered into by the parties in respect of the rash credit account.

2. The defence put up by the di


























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