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1999 Supreme(Del) 695

MANMOHAN SARIN
ANZ GRINDLAYS BANK – Appellant
Versus
G. S. NANDA – Respondent


Advocates Appeared:
Versha

MANMOHAN SARIN, J.

( 1 ) THE plaintiff Bank has instituted the suit for recovery of Rs. 5,34,791. 83 (five lacs, thirty four thousand, seven hundred ninety one rupees and eighty three paisa) together with pendente lite and future interest @ 23. 75 % p. a. The suit was instituted on 28. 7. 1997 and summons were directed to be issued to the defendant. The defendant was duly served. As the defendant failed to appear on 20. 3. 1998, 12. 5. 1988 and 4. 9. 1998, the defendant was directed to be proceeded ex-parte. The plaintiff was permitted to file affidavit by way of ex-parte evidence. The plaintiff duly filed its affidavit dated 29. 1. 1999 of its attorney Shri N. K. Jaitley by way of evidence. The original documents were also placed on record and the same were exhibited.

( 2 ) THE plaint has been signed and verified by Shri N. K. Jaitley, who is stated to be the duly constituted attorney of the plaintiff Bank. The original power of attorney in favour of Shri N. K. Jaitley was produced before the Joint Registrar and copy of the same has been duiy exhibitted as Ex. Public Witness. 1/1. The affidavit by way of evidence has been filed by Shri. N. K. Jaitley as noted earlier. The plainti






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