( 1 ) THE facts giving rise to the above mentioned crossappeals against order of the Single Judge dated 16th November, 1979, succinctly are that in December, 1976 the plaintiff-PNB Finance Limited (a public limited company) instituted a suit for recovery of Rs. l9,55,890/37p. against Shital Prasad Jain (defendant No. 1), his son Mukul Jain (defendant No. 2), Rajadhani Vanijya Ltd. (defendant No. 3), Poorvanchal Projects Ltd. (defendant No. 4) (both defendants 3 and 4) being public limited company) and Emnjay Overseas (Private) Limited (defendant No. 5) on the averments that defendant No. 1 had been Financial Adviser of the plaintiff from 1st February, 1972 to 11th June, 1975. Pursuant to a request made by defendant No. I on 7th November, 1974, a loan of Rs. 5,00,000. 00 (rupees five lakhs only) was given to him on 23rd December, 1974, at 16% per annum as interest. Defendant No. I executed a promissory note on the same day in consideration of his having obtained the loan. Thereafter, on the request of defendant No. I vide letter dated 15th January, 1975, the plaintiff advanced another loan of Rs. l0,00,000. 00 (rupees ten lakhs only) on 29th January, 1975. It was represent