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2002 Supreme(Ker) 672

K.A.MOHAMMED SHAFI, P.R.RAMAN
Indian Overseas Bank – Appellant
Versus
Global Marine Products – Respondent


Judgment :-

Mohamed Shafi, J.

The plaintiff Bank in O.S. 24 of 1988 on the file of the Subordinate Judge’s Alappuzha is the appellant. The judgment dated 12.8.1993 is under challenge.

2. The appellant/plaintiff filed the above suit for recovery of the money advanced by it to the first defendant partnership firm on different counts. Defendants 2 to 4 are the partners of the firm and defendants 5 to 8 are the guarantors who furnished security for the loan by way of mortgage to the plaintiff. The 9th defendant is a Limited Company which is an export house in Delhi having arrangement with the first defendant to export the goods in their name.

3. The plaintiff claimed a total amount of Rs.16,29,582.86/- with interest thereon at 16.5% per annum.

4. The fact that the appellant bank allowed the following facilities to the first respondent, partnership firm is admitted.

1. Packing credit facility

2. Term loan

3. Temporary Overdraft

4. Foreign demand bills purchase facility.

5. The appellant claimed Rs. 10,60,277.03/- towards packing credit facility due from the first respondent partnership firm from defendants 1 to 8. They also claimed Rs. 3,40,258.39/-, being the amount due under foreign demand bil










































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