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1993 Supreme(Del) 483

SAT PAL
STATE BANK OF INDIA – Appellant
Versus
G. G. FOAM – Respondent


Advocates Appeared:
ASHOK LALWANI, J.L.Kalra

Sat Pal

( 1 ) THIS is a suit for recovery of Rs. 1,76,082. 46 togetherwith future interest @ 14% per annum from the date of filing of the suit tillrealisation.

( 2 ) THE facts of the case, briefly stated, are that the plaintiff bank isa body coporate constituted by the State Bank of India Act, 1955 having itscentral and Registered Office at Bombay and one of its Regional Head Officeat 11-Parliament Street, New Delhi. The plaintiff has its branches throughout India and one of its branches is situated at Mayapuri, New Delhi. Shri B. R. Nanda, who has signed and verified the present plaint is duly authorisedto institute the present suit and in this regard he holds a Power of Attorneyfrom the plaintiff-bank. As per the averments made in the plaint, defendantno. 2 representing himself as sole proprietor of defendant No. 1 approachedthe plaintiff-bank for sanction of the Cash Credit facilty and agreed to payto the plaintiff-bank interest @ of 15% per annum on the amount, so advanced. He further agreed to charge, hypothecate/pledge the goods owned bydefendant nos. 1 and2 with the plaintiff-bank. Accordingly, on 12. 1. 1983,defendant no. 2 on behalf of defendant No. 1 was sanctioned Cash Cr







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