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1998 Supreme(Del) 850

M.K.SHARMA
GUN MALLA RAJGARAHIA – Appellant
Versus
CANARA BANK – Respondent


Dr. M. K. Shanna, J.

( 1 ) THE plaintiff has instituted the present suit against the defendants Canara Bank (defendant No. 1 and M/s. Venus Paper Mills Limited (defendant No. 2) seeking for passing of a decree for redemption of mortgage of property bearing No. B-42, Maharani Bagh, New Delhi.

( 2 ) THE plaintiff has averred in the plaint that in consideration of grant of certain credit facilities in favour of M/s. Venus Paper Mills Limited, the defendant No. 2, the plaintiff created the mortgage of her property bearing No. B^2, Maharani Bagh, New Delhi by way of deposit of original title deeds. It is further averred that the aforesaid mortgage is only to secure the liability of defendant No. 2-borrower only upto a limit of Rs. 24 lacs. The plaintiff in her plaint has sought for grant of the following reliefs:

(A) Pass a decree directing the defendant No. 1-bank to disclose the amount due and to give accounts of the amount due against Term Loan No. 5/82 in the name of defendant No. 2 along with interest amount and the rate of interest upto an upper limit of Rs. 24 lacs. (b) Grant the requisite/prescribed time to the plaintiff to deposit the same in this Hon be Court. (c) Direct defend















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