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2016 Supreme(Raj) 1753

DEEPAK MAHESHWARI
UCO Bank, Branch Balotra – Appellant
Versus
Ramdeo Processing Works – Respondent


Advocates Appeared:
For the Appellant :Mr. Jagdish Vyas, Advocate.
For the Respondents:Mr. B.N. Sharma, Advocate.

JUDGMENT :

Mr. Deepak Maheshwari, J.

1. This first appeal under Section 96 of CPC has been filed by plaintiff/appellant against the judgment and decree dated 11.07.1996 passed by learned District Judge, Balotara in Civil Original Suit No.29/1992 whereby the suit filed by the plaintiff/appellant for recovery of money has been dismissed by learned trial Court.

2. Briefly stated the facts giving rise to the instant appeal are that the plaintiff/appellant Bank filed a suit for recovery of money against the defendants/respondents inter alia alleging that it had advanced a term loan of Rs.15,000/- and Rs.10,000/- as cash credit facility to defendant No.1 - Ramdeo Processing Works, Balotra on 28.1.1984 through its proprietor Ghewarchand. In this respect, defendant No.1 executed the requisite documents in favour of the plaintiff Bank. The said term loan was to be repaid in 30 equal installments along with interest @ 14% per annum as agreed between the parties and interest @ 12% per annum was also agreed to be paid on cash credit facility. It was alleged in the plaint that on 28.1.1984, promissory note along with undertaking was also executed by the defendant No.1 in favour of the plaintiff ba



































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