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1991 Supreme(Mad) 777

High Court of Judicature at Madras
The Honourable Mr. Justice Mishra and The Honourable Mr. Justice Arumugham
C.Amarcndran and others - Appellant
Versus
State Bank of India - Respondents
O.S.A.Nos.71 of 1986 to 73 of 1986
Decided On : 20 October 1991

Appearing Advocates:For the Petitioner:--- For the Respondent:---

Reliability of the contents of document admitted in evidence

Headnote:Evidence Act, 1872-Section 67-Admission of document in evidence without any objection -If contents of such document if can be held reliable.

       

Judgment :-

Mishra, J.:

The respondent-State Bank of India, Kancheepuram branch, filed a suit, 171 of 1975, for recovery of a sum of Rs.14, 93, 615.35 with interest at 14% per annum date of payment alleging inter alia that defendants 1 to 3 started a partnership firm the name and style of National Engineering Works which firm approached it in 1967 financial accommodation. The Bank sanctioned instalment credit loan of Rs.67,994 19.8.1968, accepted a cash credit lock and key pledge agreement executed by the 122.1970 for Rs.45,000 and a cash credit Mundy type pledge agreement for Rs.2,75,000 the same date, viz., 12.2.1970. According to the bank the firm pledged the machinery security for all types of advances sanctioned by the bank by their letter dated 12.2.1970. and executed a promissory note for Rs.1,50,000 towards cash credit bills along with agreement for accommodation against bills tendered for collection, on 16.3.1970. The according to the bank, executed a trust letter on 6.3.1972 authorising it to hold all the pledged to it as trustees and renewed the promissory note by a renewal letter 17.1.1973.

2. The fourth defendant, according to the bank, who is the wife of the first defendant propri-etrix of a firm Ashok Industries. This firm also approached the plaintiff financial accommodation in 1969. All other defendants (defendants 1 to 3) executed guarantee documents on 10.3.1971. The bank granted cash-credit lock and key Rs.3,00,000 to Ashok Industries on the execution of a demand promissory note 10.3.1971 on which date the goods mentioned in the agreement were pledged as security, for the repayment of the advance amount. This firm Ashok Industries also executed promissory note and a cash-credit Mundy type pledge agreement for Rs.2,75,000 along a pledge letter. Subsequently, according to the bank, the unit was sanctioned cash credit limit of Rs.3.5 lakhs for collection of bills on the execution of an agreement, defendants 3 standing as guarantors for all the advances sanctioned to Ashok Industries by a guarantee agreement dated 10.3.1971 which guarantee was revived by a letter dated 17.1.1974.

3. On 10.6.1971 the title deeds of the house properties No.29 and 29-A in Veeraswami Street, Egmore, Madras (more particularly described as item No.1 in Schedule I of plaint) belonging to defendants 1 and 2 were deposited with the bank at Madras intention to create an equitable mortgage in order to avert legal proceedings. On 11.11.1971 the first defendant deposited at Kancheepuram branch of the bank the title deeds of property at No.24-B, Vaikunda Perumal North Mada Street, Kancheepuram (more particularly described in item 2 of Schedule 1 of the plaint), with intention to create equitable mortgage as additional security for the amounts due from all the defendants under the various accounts. The bank ’ s claim further is as follows: "The plaintiff-bank submits that when the title deeds mentioned above were deposited security, they were meant to cover the total sum of Rs. 12,87,994 then agreed undertaken by the defendant to pay jointly and severally of which a sum of Rs.9,26,000 represented the amount due by the proprietary concern and the balance of Rs.3,62,994 represented the amount due by the Firm." "The plaintiff-bank submits that the accounts of the firm and the accounts of the proprietary concern were thus integrated as one and all the defendants have become joint debtors respect of the said integrated sum with the result that all the defendants herein became jointly and severally liable to pay bank the said sum of Rs.12,87,994 an on 10.6.1971” . “The plaintiff-bank submits that since then the accounts became stagnated and been running at all or only running on a slipshod manner. So, the plaintiff bank the defendants to regularise the account that is to repay the amount due on stated above. But, the defendants failed to comply with plaintiffs demand and have “a precariously non-possums attitude necessitating this legal action. Leg



















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