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2010 Supreme(Gau) 774

I.A.ANSARI
Popi Chakraborty – Appellant
Versus
Punjab National Bank – Respondent


Advocates appeared:
For Appellant/Petitioner/Plaintiff: S. Deb, Sr. Adv. and R.K. Das, Adv.
For Respondents/Defendant: S. Kar Bhowmick and S. Roy, Advs.

ORDER

I.A. Ansari, J.

1. Heard Mr. S. Deb, learned Senior Counsel, assisted by Mr. R.K. Das, learned Counsel, appearing on behalf of the Petitioners, Mr. S. Kar Bhowmick, learned Counsel for the Respondents.

2. The Petitioner No. 1 availed a cash credit facility to the extent of Rupees 15,00,000/- from Agartala Branch of the Respondent Bank. The Petitioner Nos. 2 and 3 stood as guarantors and mortgaged their immovable property for securing the said cash credit facility.

3. According to the Petitioners, due to slump in the market, the business of the Petitioner No. 1 suffered a set back and, consequently, an arrears of Rs. 1,17,630.00 became due and payable by the Petitioners to the Respondent bank, whereupon Respondent No. 3, on 30-11-2007, classified the account as non-performing asset. The Petitioner No. 1, however, continued to make deposits in the account. When the balance outstanding as against the loan, which had been granted in favour of the Petitioner No. 1, in the form of cash credit facility stood outstanding, the Respondent bank issued a letter, on 2-1-2008, demanding recalling of the entire outstanding amount together with interest and other charges and also the guarantee,



































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