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1994 Supreme(HP) 187

A.L.VAIDYA
UNITED COMMERCIAL BANK – Appellant
Versus
DURGA DASS – Respondent


Advocates Appeared:
For the plaintiff(s) Sushil Kukreja vice R.L Sood, Advocate. For the respondent(s): M/s. Rakesh Kanwar and Yoginder Paul for defendant No. 2.

JUDGMENT

A.L Vaidya, J.- The present suit for recovery of Rs 2,56,486 35 (Rupees two lacs fifty six thousand four hundred eighty six and paisa 35 only) has been filed by the plaintiff-bank against the present defendants. The case put up by the plaintiff has been that defendant No.1 applied to the plaintiff bank at its Dhundhan Branch for the grant of a truck loan in order to augment his business of transporter. Defendant No.2, at the behest and instance of defendant No.1, voluntarily came forward and joined defendant No. 1 and agreed to stand guarantee in favour of the bank qua the loan to be sanctioned in favour of defendant No. 1. It was further pleaded that on the strength of the guarantee executed by defendant No. 2 and also on representation of defendant No. 1 the plaintiff-Bank sanctioned a truck loan facility of Rs. 1,40,000 in favour of defendant No. 1 and, as such, defendants No.1 and 2 executed a duly stamped memorandum of agreement dated 5th January, 1981 in favour of the plaintiff bank evidencing the aforesaid loan sanctioned in favour of defendant No. 1 which was duly availed of by defendant No.1. According to the plaintiff, in the said memorandum of agreement, the defe




































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