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1982 Supreme(Del) 308

D.K.KAPUR, S.RANGANATHAN
STATE BANK OF INDIA – Appellant
Versus
O. P. GUPTA – Respondent


Advocates Appeared:
S.S.SHROFF

D. K. Kapur,j.

( 1 ) THE State Bank of India filed a suit for the recovery of Rs. 52,357. 51 based on cash credit facilities granted to the defendants-respondents. The said defendants had also deposited the title deeds in respect of house property No. 87, Dholi Piao, Mathura allegedly for the purpose of furnishing a guarantee as collateral security for the advance. This suit was decided on the Original Side of this Court.

( 2 ) FOLLOWING the Division Bench of this Court in Suit No. 51 of 1968, State. Bank of India v. Himalayan Exporters and another, decided on 20th November, 1970, it was held by the learned Single Judge that this Court had no jurisdiction to entertain the suit.

( 3 ) THE plaintiff has appealed and the learned counsel has pressed that this matter should be placed before a larger Bench for re-considering the decision of the Division Bench aforementioned. We have carefully considered the contention and we find no reason to differ from the judgment of the said Division Bench.

( 4 ) IT is not necessary to set out the point at any great length because the said judgment has fully analysed the conclusion. However, as brought to our notice by learned counsel for the appella












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