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2003 Supreme(Del) 480

J.D.KAPOOR
CORPORATION BANK – Appellant
Versus
SUSHIL ENTERPRISES – Respondent


Advocates Appeared:
NEMO K.PARASARAN, PRADIP DEVAN

J. D. KAPOOR

( 1 ) THIS is a suit for recovery of a sum of Rs. 7,59,466/- under Order 34 Code of Civil Procedure and for a decree of declaration to the effect that the defendants no. 5 and 6 have no authority to revoke the General Power of Attorney dated 7. 12. 87 executed by them authorising the plaintiff to realize the rent of premises no. ND-6, Pitampura, Vishakha Enclave, New Delhi taken on lease by defendant no. 7, Bank and appropriate the same against the loan amount till the liability of defendants no. 1 and 2 is liquidated. Apart from this , the plaintiff has also sought a decree of perpetual injunction for restraining defendants no. 5 and 6 from revoking the said GPA and also for a decree of mandatory injunction to direct defendant no. 7 to continue to pay the rent to the plaintiff till the liability of defendant no. 1 is liquidated.

( 2 ) THE case of the plaintiff in brief is that on 29. 3. 84 the plaintiff Bank granted in favour of defendant no. 1 through its proprietor defendant no. 2 a term loan against execution of documents of loan/security and on the guarantee of the defendants No. 3 and 4. Defendant no. 2 deposited the title deeds of property no. 1264, 1265 and 1265























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