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1979 Supreme(Del) 43

SULTAN SINGH
STATE BANK OF INDIA – Appellant
Versus
O. P. GUPTA – Respondent


Advocates Appeared:
I.N.SHROFF, R.P.KAPUR

Sultan Singh

( 1 ) THIS is a suit for the recovery of Rs. 52237. 51 paise. The plaintiff granted following cash credited facilities to defendant No. 1 :- (a) Cash Credited Lown for working Capital Rs. 28000. 00 (b) Cash Credited Loan for Machinery. Rs. 9000. 00 (c) Cash Credit Rs. 10000. 00

( 2 ) ON 9th May, 1973, defendants Nos. 1 to 3 delivered to and deposited with the plaintiff the title deeds in respect of the House Property bearing No. 87, Dholi Piao, Mathura with intent to create a mortgage in favour of the plaintiff as collateral security for advances made or to be made. Again on 26th July, 1973 defendants Nos. 1, 2, 4 and 6 further delivered to and deposited with the plaintiff title deeds in respect of the building bearing Municipal Serial No. 275, Dholi Piao Mathura, measuring 308 square yards with intent to create a mortgage in favour of the plaintiff as Collateral Security thereof for advances made or to be made. The defendant No, 1 executed the agreement of Medium Term Loan to the extent of Rs. 28000. 00 and a demand promissory note for Rs. 28,100. 00 in favour of defendants Nos. 2,4, 5 and 6, on 30th July, 197j. Defendants Nos. 3 to 6 executed in favour of the plaintiff





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