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1997 Supreme(Mad) 673

S.S.SUBRAMANI
R. S. Senthamaraikannan and another – Appellant
Versus
The Presiding Officer, Debts Recovery Tribunal for Tamil Nadu, Kerala and Pondicherry at Chennai and others – Respondent


Advocates:
S.Subbiah, for Petitioners. P.A. Deivasigamani, for Respondent No.2.

Judgment :

This revision is under Art.227 of the Constitution of India filed by respondents 4 and 7 in the Original Application No.41 of 1996, on the file of Debts Recovery Tribunal at Chennai.

.2. State Bank of India, Tiruppur Branch, filed the above application for recovery of Rs.10,51,791.10 under two different heads, namely, Medium Term Loan Rs.98,485 and cash Credit Account Rs.9,53,3010. It is the case of the Bank/ applicant that on the basis of an application filed by the first respondent before the tribunal, they were provided with two facilities, (1) Medium Term Loan, and (2) Cash Credit Facility. It was on the basis of a single application, the above the facilities were availed, and when there is a breach of the obligations arising the under an availing the facilities, they are entitled to seek enforcement thereof by filing a single Application.

3. When the above application was filed, the petitioners herein filed a counter taking various contentions, one of which was that the application is defective since one application is filed wherein more causes of action than one are clubbed together. It is also contended that the claim of Medium Term Loan also cannot be entertain


















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