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1997 Supreme(HP) 388

SURINDER SARUP
CM. AUTO STORES – Appellant
Versus
UNION BANK OF INDIA – Respondent


Advocates Appeared:
R.L Sood for the Appellant; LC. Sood for the Respondent

JUDGMENT

SURINDER SARUP, J.—The present appeal has been filed by the defendants-appellants against the concurrent judgments and decrees of the two Courts below whereby a decree for recovery of Rs 71,865.10 p. has been passed in favour of the plaintiff-respondent along with future interest at the agreed rate.

2. The plaintiff-respondent, being the Union of India, filed the suit against the defendants-appellants on the pleadings that the defendant Nos. 2 and 3, on 30.9.1978 had been granted overdraft facility in the sum of Rs. 50,000/ by the plaintiff-bank. They had agreed to pay interest @ 6% over and above the bank rate with minimum of 15% per annum with quarterly rests. The operation of their accounts by the defendants was stated to be unsatisfactory. Hence a sum of Rs. 71,865.10 p., inclusive of interest was outstanding against them till the institution of the suit. Hence the suit for recovery of the said amount.

3. The defendants in their written statement took up the perliminary objections that the suit was barred by limitation; that the suit was barred by misjoinder of parties and that the suit was not maintainable. It was also pleaded that the plaintiff had not filed the docume




































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