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2022 Supreme(Raj) 146

MANOJ KUMAR VYAS
Bank of India – Appellant
Versus
Latoor Lal Raigar Son of Shri Ghasi Lal Raigar – Respondent


Advocates:
Advocate Appeared:
For the Appellant : Mr. Ajay Shukla through VC.
For the Respondent: Mr. Rinesh Gupta through VC.

JUDGMENT :

1. This civil first appeal has been preferred against the judgment and decree dated 10th July 2000 passed by the learned trial court (Additional District Judge, Court No.4, Kota), by which the plaintiff-appellant's Civil Suit No.06/1996 filed against the defendant-respondents for the recovery of loan amount was dismissed.

2. The plaintiff-appellant-Bank had filed the civil suit alleging the fact that defendant No.1 was carrying on the business of passenger transport in Kota and defendants No.2 and 3 were his sureties. At the request of defendant No.1, a term loan amount of Rs.79,770/- was sanctioned to him for purchase of Matadore (Diesel Mini Bus) and the rate of interest was fixed as mentioned in para-3 of the plaint. Defendant No.1 and sureties exhibited the documents detailed in para-3 of the plaint. Further admissions of loan were made by defendants No.1 & 2 on different dates as mentioned in para-6 of the plaint. Defendant No.1 failed in the payment of installments of rent. Therefore, this suit was filed for recovery of Rs.2,07,738/- from the defendants jointly and severally with further interest @ 15.5% per annum on quarterly basis. Defendants No.1 & 2 filed the wri

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