AJIT KUMAR SENGUPTA, J.

( 1 ) THIS appeal by two of the defendants is directed against the order dated 2nd May, 1983 allowing the application made by the plaintiff-first respondent, Grindlays Bank Ltd. (hereinafter referred to as 'the Bank') for a final judgement under Chap. XIIIA of the Original Side Rules. The facts are in a narrow compass which are stated briefly hereafter.

( 2 ) ON or about 6th Nov. 1973, Cresswell Breweries Ltd. the second respondent (first defendant in the suit) made an application to the Bank for financial assistance by way of inter alia, a Term Loan of Rs. 75,00,000/- for the purpose of financing the setting up of a brewery project at Chowk Bansberia in the District of Hooghly. The Bank by its letter dt. 21st Aug. 1974 informed the second respondent that the said application for a Term Loan of Rs. 75,00,000/- for the said project had been sanctioned by the Bank subject, inter alia, to the approval of the Reserve Bank of India to whom the application was being, submitted by the Bank. In or about 1974 pending the consideration by the Reserve Bank of India of the said application for Term Loan, the Bank at the request of the second respondent and/or the defe

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