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1989 Supreme(Cal) 522

GANENDRA NARAYAN RAY, PABITRA KUMAR BANERJEE
United Bank or India – Appellant
Versus
Eshani Rubber Industries – Respondent


Advocates Appeared:
Mr. Subrata Ray, Dipak Kumar Paul and Mrs. Swapna Roy ......for the Appellant
Mr. Shyama Prasanna Roy Chowdhury, Phani Bhusan Das and Anit Kumar Rakshit ... ...for the Respondents

JUDGMENT

Ray, J. : This appeal is directed against the judgment and decree dated 25th February, 1984 passed by the learned Assistant District Judge, Additional Court, Hooghly in Title Suit No. 35 of 1983.

2. The plaintiff appellant instituted the said Title Suit for sale of the mortgaged properties for non-payment of the dues of the appellant. The learned trial Judge decreed the claim of the plaintiff appellant and also gave certain directions for payment of the decretal amount by instalment and also deferred the payment of interest. Although the suit was decreed but being dissatisfied and aggrieved by the aforesaid direction about instalment and for deferring the payment of interest, the instant appeal has been preferred by the plaintiff appellant.

3. The case of the plaintiff appellant in short is that the appellant sanctioned a loan of Rs. 29,000/- on the application of the defendants dated 11th March, 1974 for a loan of Rs. 40,000/-. Such loan was sanctioned under certain terms and conditions as stated in the plaint. It is the case of the plaintiff that the defendants agreed to abide by the aforesaid terms and conditions imposed by the plaintiff on 13th February, 1975 and the Defe















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