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2010 Supreme(Cal) 1306

HARISH TANDAN
State Bank of India – Appellant
Versus
Mrinal Sarkar – Respondent


Advocates Appeared:
For the Petitioner:Kamalesh Jha, Advocate. For the Respondents:
None Appears.

Judgment :

HARISH TANDON, J

In spite of service none appears on behalf of the opposite party.

This revisional application is directed against an order dated July 19, 2007 passed by the Civil Judge (Senior Division) Ranaghat, Nadia in Title Suit No. 19 of 2005.

Briefly stated the facts, the petitioner bank granted a cash credit facility of Rs. 5,00,000/-to the opposite party no. 1 being the principal borrower for running business, against a hypothecation of stocks and other collateral securities. The opposite party no. 2 stood as a guarantor. In addition to such hypothecation of stocks the opposite parties executed Demand Promissory Note of Rs. 5,00,000/- and other documents.

The principal borrower failed to repay the interest as well as the principal amount despite several request made by the petitioner bank. The petitioner bank ultimately recalled the said loan and made a demand of the principal amount together with an accrued interest thereupon which was duly crystallized as on the date of filing of Title Suit no. 19 of 2005 to Rs. 5,71,377.23.

During the pendency of the said suit the petitioner bank issued a notice on March 5, 2007 to the opposite parties under section 13(2) of
















































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