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2021 Supreme(HP) 585

AJAY MOHAN GOEL
AKASHDEEP SINGH, S/O SH. GURBACHAN SINGH – Appellant
Versus
ADMINISTRATOR, THE MANDI URBAN COOPERATIVE BANK LTD. , MANDI, H. P. THROUGH ITS MANAGER – Respondent


Advocate Appeared:
For the Appellant :MR. HOSHIAR SINGH KAUSHAL, ADVOCATE
For the Respondent:MR. R.S. GAUTAM, ADVOCATE, MR. H.S. RANGRA, ADVOCATE, MR. ASHOK SHARMA, ADVOCATE GENERAL, ADARSH SHARMA, MR. SUMESH RAJ AND MR. SANJEEV SOOD, ADDITIONAL ADVOCATES GENERAL WITH MR. KAMAL KANT CHANDEL, DEPUTY ADVOCATE GENERAL

ORDER :

As, these appeals arise out of a common judgment passed by the Court of learned District Judge, Mandi, in Civil Appeal Nos. 11 of 2016, titled as Akashdeep Singh vs. Administrator, The Mandi Urban Cooperative Bank Ltd., Mandi, H.P., & Ors., the same are being disposed of by common judgment.

Brief facts necessary for the adjudication of these appeals are as under:-

Appellant/plaintiff filed a suit for declaration and permanent prohibit injunction against the defendants inter alia on the ground that defendant No. 2, who was elected as a Director of the defendant/respondent No. 1-bank, allured the plaintiff for raising loan by alleging that he had already sanctioned a Cash Credit Limit of Rs. 20,00,000/- in favour of his son i.e. (defendant No.3). Being allured, plaintiff intended to raise a loan of Rs. 50,000/- but defendant No.2, allured the plaintiff for sanctioning loan of Rs. 2,00,000/-and out of this amount of Rs. 2,00,000/-, defendant No.2 transferred Rs. 1,50,000/- in the C.C. Limit account of his son (defendant No.3). Thus, loan amount of Rs. 1,50,000/- was transferred in the account of defendant No.3, by defendant No.2. Defendant No.3, stood surety for the aforesaid loa

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