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1987 Supreme(Del) 353

MAHESH CHANDRA
STATE BANK OF INDIA – Appellant
Versus
MIDLAND INDUSTRIES – Respondent


Advocates Appeared:
H.C.DHAL, M.L.Lonial

MAHESH CHANDRA

( 1 ) BY this order I propose to dispose of I. A. No. 177 of 1987 filed by the plaintiff under Order 12 rule 6 read with Section 151 Civil Procedure Code. with a request that in so far as the defendant has made an admission in a letter dated 25th August, 1985 that a sum of Rs. 5,98,0001- was due to the plaintiff from the defendant a decree be passed for this amount in favour of the plaintiff without waiting for the final out-come of the suit. The application is opposed obehalf of the defendants. I have heard the learned counsel for the parties and have gone through the application and its reply as also the plaint and the written statement and documents placed on record and after giving my considered thought to the matter before me I have come to. the following findings :

( 2 ) THE contention of the plaintiff is that defendant No. 1 firm has been maintaining its accounts and a letter dated 25th August, 1985 now Ex. P. 4 was written by defendant No. 1 to the plaintiff requesting the plaintiff to transfer the then existing outstanding loan against the defendant along with interest to the defendants working Capital Term Loan Account. It is further submitted by the plaint



















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