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2000 Supreme(Raj) 241

ARUN MADAN
Sapna Saree Centre – Appellant
Versus
Bank of Rajasthan Ltd – Respondent


Advocates Appeared:
S.K. Jain, for the Appellant
J.K. Singhi, for the Respondents

Judgment

Arun Madan, J.-This first Appeal arises out of Judgment and decree dated 9-10-1992 of the learned Additional District Judge No. 3, Kota who decreed plaintiff Bank’s suit for recovery of a sum of Rs. 1,45,743/-under Order 37, CPC, against the defendants appellants.

2. The facts relevant for deciding this appeal, briefly stated, are that the plaintiff Bank instituted a civil suit under Order 37, Rule 2, CPC on 08-03-1990 for recovery of Rs. 1,45,743/-averring therein inter-alia that M/s. Sapna Sari Centre (Defendant No. 1) being a partnership firm with its partners namely Nandlal Jain and Arvind Kumar Jain (defendants Nos. 2 and 3 respectively) having its registered office situated at 17/285, Sati Chabutra, Maqbara Bazar, Kota and dealing with business of clothes and sarees, presented an application on 7-1-1986 with the Bank of Rajasthan Rampura Bazar Branch, Kota (plaintiff seeking to avail of cash credit hypothecation loan facility (for short “credit facility”) for a sum of Rs. one lac only so as to expand its business of sarees and, thereby opened an account under the said credit facility with the plaintiff Bank on 20-1-1986 and upon acceptance of the credit facility, the


























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