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2005 Supreme(Jhk) 40

HARI SHANKAR PRASAD
State Bank Of India – Appellant
Versus
Braj Kishore Prasad – Respondent


JUDGMENT

Hari Shankar Prasad, J.

1. This appeal at the instance of the appellant State Bank of India is directed against the judgment dated 23rd March, 1995 and decree dated 29th March, 1995 passed in Money Suit No. 16 of 1984 whereby and where under the learned sub-Judge-II, Chaibasa decreed the suit but reduced the rate of interest from 13.5% per annum to 10% per annum.

2. Case of the plaintiff-appellant in brief is that defendant- respondent No. 2 applied for cash credit facility before the plaintiff-appellant which is a banking company up to the sum of Rs. 95,000/- on 6.12.1979 and defendant No. 2 executed several documents and surety in favour of the plaintiff-bank. The defendant-respondent Nos. 1, 3 and 4 stood as guarantor of the defendant- respondent No. 2 and defendant-respondent No. 2 availed the said case credit facility from the plaintiff bank after executing Demands Promissory Note and the Promissory Note were delivered to the plaintiff-bank by defendant-respondent Nos. 1, 3 and 4 on 6.12.1979 along with Demand Promissory Note under the signatures of defendant-respondent Nos. 1, 3 and 4. Other terms were also executed by defendant-respondent Nos. 1, 3 and 4. Defendant-res
















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