J.N.BHATT, K.M.MEHTA
STATE BANK OF INDIA – Appellant
Versus
GEMINI INDUSTRIES – Respondent
( 1 ) ). BY this appeal under Sec. 96 of the Code of Civil procedure, the appellant-original plaintiff. State Bank of India, has questioned the absolving of respondent Nos. 6 and 7 guarantors of cash credit transaction between the appellant and respondent Nos. 1 to 5 from payment of decreetal dues holding that there was no continuing guarantee. The parties are hereinafter referred to, as arrayed in the suit for the sake of convenience and brevity.
( 2 ) THE plaintiff had to initiate a legal battle by filing Special Civil Suit no. 35 of 1983 in the Court of Civil Judge (S. D.) Kachchh, at Bhuj, against respondent Nos. 1 to 7 who are original defendants Nos. 1 to 7 in the suit for the recovery of the bank dues of Rs. 8, 82, 093. 47 ps. together with interest at the rate of 15% per annum with effect from 1-4-1983 till date of payment from all the defendants jointly and severally pursuant to a cash credit loan transaction entered into on 19-10-1978 between the plaintiff bank and the original defendant Nos. 1 to 5. Original defendant No. 1 is partnership firm, whereas, original defendant Nos. 2, 3, 4 and 5 are partners of original defendant No. 1. Original defendant Nos.
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