P.SATHASIVAM, P.THANGAVEL
D. Pandi – Appellant
Versus
Dhanalakshmi Bank Ltd. – Respondent
P. SATHASIVAM, J.
Second defendant in O. S. No. 493 of 83 on the file of the Additional Subordinate Judge, Madurai is the appellant in the above appeal. The plaintiff/respondent herein filed the said suit for recovery of a sum of Rs. 6,73,577-01 with subsequent interest at 18 per cent per annum from the date of the plaint till date of realisation, for sale of the immovable and movable properties in the Schedules A, B and C of the plaint and for appropriating the sale proceed towards the decree amount in case the defendants failed to pay the decree amount within time. The plaintiff has also prayed for passing of a personal decree against defendants 1 to 5 in case the sale proceeds found insufficient for the decree amount.
2. The case of the plaintiff as seen from the plaint is briefly stated hereunder :- The plaintiff is a Banking company as defined under the Banking Regulation Act, 1949 carrying on business with Head office at Trichur and Branch office among other places including the one at Door No. 105, Mount Road, Madras-2. The first defendant is the sole proprietor of M/s. Plastic Crafts, a small scale industry at Madras.The first defendant had applied to the plaintif
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