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1997 Supreme(Del) 802

C.M.NAYAR
STATE BANK OF INDIA – Appellant
Versus
DAMAODER NATH AND BROTHER – Respondent


Advocates Appeared:
GINNY JAITLEY, Ritu Bhalla

C. M. NAYAR

( 1 ) THIS is a suit filed by the plaintiff for recovery of Rs. 1,19,112. 00 against the defendants with pendants lite and future interest.

( 2 ) THE plaintiff is a Statutory Corporation and has been incorporated constituted and established by the State Bank of India Act, 1955 (Act, No. 23 or 1955) and has its Central officer at Bombay. It has local Head Offices at Bombay, Calcutta, Madras Delhi and other places. It also maintenance branches at various places including one Branch at Daryaganj. Shri Ashok Kumar Jain who is the Principal Officer and Branch Manager of the plaintiff is authorised to file the present suit and to sign and verify the plaint on behalf of the plaintiff under Statutory Regulation Nos. 76 and 77 of the State Bank of India General Regulations, 1955 and the notification issued thereunder.

( 3 ) DEFENDANT No. 1 is the sole proprietor of M/s. Indian Clothing Company and was carrying on the business of manufacturing ready-made garments. Defendant No. 2 is the guarantor and has also created equitable mortgage in favour of the plaintiff in respect of her immovable property mentioned in Schedule A of the plaint as collateral security for advance made by th























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