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2000 Supreme(Cal) 397

S.B.SINHA, HRISHIKESH BANERJI
UNITED BANK OF INDIA – Appellant
Versus
B. T. W. INDUSTRIES – Respondent


S. B. SINHA, J.

( 1 ) S. B. SINHA, J.-All these three appeals involving common questions of law were taken up for hearing together. The judgments and decrees dated 10th January, 1994 are impugned in these appeals.

( 2 ) THREE suits were filed by the Appellant being suit No. 306/93, 308/93 and 309/93 for grant of a decree for sum of Rs. 53,10,74,550. 64p. , Rs. 10,37,25,686. 74p. and Rs. 21,36,72,072. 82p. respectively. For the purpose of disposal of these appeals, we would consider the fact from the record of Appeal No. 306 of 1993. Having regard to the certain purported admissions made by the Loanee an application was filed for passing a decree on admission as contemplated under Order XII Rule 6 of the Code of Civil Procedure, the details whereof are : "suit No. Amount claimed Amount

& Cause Title Claimed in the Suit. (1) (2) (3) 306 of 1993 U. B. I. Vs. BTW Industries Ltd.

in judgment upon Admission. 10,61,33,000/- 53,10,74,550. 64 308 of 1993 U. B. I. Vs. BTW Veneers Ltd.

7,79,05,724/- 10,37,25,686. 74 309 of 1993 U. B. I. Vs. 12,50,65,360/- 21,38,72,072. 82" S. S. Industries Ltd.

( 3 ) THE learned trial Judge rejected the said contention but purported to have accepte























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