A.K.SEN, SUSANTA CHATTERJI
UNITED BANK OF INDIA – Appellant
Versus
NEW GLENCOE TEA CO. LTD. – Respondent
( 1 ) THIS is an appeal by the plaintiff United Bank of India. It arises out of O. S. Suit No. 460 of 1983. The appeal is directed against the judgement and decree dated May 23, 1986 passed by a learned single Judge of this court. That decree had been passed partly in favour of the plaintiff but the plaintiff has felt aggrieved by the reduced interest - both interim and on judgement and by the installment's granted by the learned Judge in decreeing the plaintiff's claim.
( 2 ) THE plaintiff-appellant had lent and advanced various amounts to the defendant No. 1, The New Glencoe Tea Company Ltd. on hypothecation of moveable including the plants. machinery, stores, raw materials, finished and semi finished products etc. In 1983 the plaintiff instituted the above suit against the defendants for a decree for Rs. 58,41,677. 25, interim interest and interest on judgement at the rate of Rs. 18 per cent; for a declaration that moveable specified in the Schedule stand charged and/or mortgaged in favour of the plaintiff and a decree for sale thereof.
( 3 ) WHEN this suit came up for hearing before the learned trial Judge, it was found that pending the suit a sum of Rs. 26,28,647
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