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1990 Supreme(Pat) 107

BINOD KUMAR ROY
Laxmi Khadi Bhandar – Appellant
Versus
Agricultural Development Branch – Respondent


Judgment

1. The plaintiff is the appellant.

2. It is aggrieved by an order refusing to grant injunction in a suit filed by it for granting a decree for cancelling proceedings in Certificate Case No. 48 of 1980-81 of the Court of Certificate Officer, Begusarai and for issuance of an injunction restraining the defendant No. 1, State Bank Agricultural Development Branch, Dalsinghsarai from proceeding further with the said proceeding and also for restraining the defendant No. 2, Certificate officer, Begusarai, from executing or issuing any process relating to the said certificate.

3. The suit in question was filed alleging that the plaintiff is a proprietor firm; that there was an agreement dated 21-10-1978 between its proprietor Sudhir Rai and the Defendant No. 1, the latter agreeing accommodation by way of cash credit from time to time, which is still in custody of the Bank; that even though the advance made from time to time by the defendant Bank to the tune of, Rs. 2,13,784.29 paise have already been endorsed and recorded in the accounts and Balance sheet maintained by the Bank and nothing was due from the plaintiff still the Bank made an entirely baseless and incorrect claim, takin




























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