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1984 Supreme(Cal) 340

ASHA MUKUL PAL
EASTERN BANK LTD. – Appellant
Versus
PARTS SERVICES OF INDIA LTD. – Respondent


Advocates Appeared:
AJOY ROY, Ashim Ghosh, B.C.DATTA, C.R.DUTTA, J.N.Roy, P.K.MULLICK, P.K.ROY, RANJAN DEB GANGADEB

ASHA MUKUL PAL, J.


( 1 ) THIS suit was filed by the Eastern Bank Ltd. on 3rd Oct. , 1969 for a decree for a sum of Rs. 7,51,718. 96p and the sale of the securities referred to in the schedules annexed to the plaint and the application of the sale proceeds towards the pro tanto satisfaction of Bank's claim against the defendant 1 as the principal debtor and defendants 2, 3, 4 and 5 as the guarantors in consideration of the loans granted or to be granted by the plaintiff Bank to the defendant 1 for which it is claimed in the plaint, defendants 2, 3, 4 and Sri D. N. Mukherjee and original defendant 5 stood as sureties.

( 2 ) THE plaintiff Bank's case is that the defendant 1 had a current account with overdraft facilities with the condition that such loans would carry interest at the rate of 10% per annum. The plaintiff's (hereinafter to be referred to as Bank) case is that as security for the advances made by the bank in the said overdraft account the defendant 1 deposited and placed with the plaintiff diverse goods and merchandise which the plaintiff held and possessed subject to the terms and conditions contained in the letter of pledge dt. 18th Dec. , 1967.

( 3 ) THE Bank's case
















































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