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2002 Supreme(Mad) 1062

P.THANGAVEL
Joshi & Co. – Appellant
Versus
UCO Bank – Respondent


Advocates Appeared:For the Petitioner:Mr. Sandeep Shah, Advocate for M/s. Shah & Shah. For the Respondent:Ms. Uma Venkataraman, Advocate.

Judgment :-

This Civil Revision Petition has been filed by the second defendant/judgment debtor as revision petitioner against the order and decretal order dated 4.1.1999 and made in E.P.No.3038 of 1997 in O.S.No.2603 of 1981 on the file of the learned X Assistant Judge, City Civil Court, Madras.

2. The facts that are necessary for disposal of this Civil Revision Petition are as follows:- The Plaintiff/decree-holder, the respondent herein, is UCO Bank, Main Branch at 169, Thambu Chetty Street, Chennai-1. The revision petitioner and two others received a sum of Rs.25,000/- on 21.9.1973 and executed a deed of hypothecation as well as a promissory note on 21.9.1973 as security in favour of the respondent herein agreeing to repay the said sum with interest at 15% per annum. The revision petitioner and two others/defendants submitted to a decree on 5.1.1983 and the suit was decreed for a sum of Rs.52,781-69 together with interest at 15% per annum from 1.11.1978 till realization and also with cost of Rs.4,395-75. As per the decree, the defendants were permitted to pay the decree amount in monthly instalment of Rs.3,000/- commencing from 15.2.1983 and in default of payment of any one of th













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