SURINDER SARUP
C. M. Auto Stores – Appellant
Versus
Union Bank of India – Respondent
Surinder Sarup, J.
1. 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 preliminary 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 docu
2. Sait Tarajee Khimchand and Ors. v. Yelamarti Satyam and Ors. AIR 1971 S.C. 1865;
3. Sha Manmall Misrimall v. K. Radhakrishnan AIR 1972 Mad 108;
4. Corporation Bank v. D.S. Gowda and Anr. (1994) 5 SCC 213;
5. Ratan Lal and Anr. v. Commercial and Industrial Bank Ltd. AIR 1965 AP 349;
6. The Rajputana Trading Co. Ltd. v. Malay Trading Agency AIR 1974 Cal. 152;
7. Mst. Dhani v. State and Anr. AIR 1965 Raj. 70;
8. Fullbarunessa v. The Assam Board of Revenue
9. Binod Bihari Singh v. Union of India AIR 1993 SC 1245;
11. Major U.R. Bhatt v. Union of India AIR 1962 SC 1344;
13. Radheshyam G. Gargv. Smt. Safiyabai Ibrahim Lightwalla AIR 1988 Bom 361
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