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1942 Supreme(Mad) 354

WADSWORTH
Mahabala Holla – Appellant
Versus
The Canara Banking Corporation, Udipi, Limited, by agent, K. Vittal Bhandary – Respondent


JUDGMENT

Wadsworth, J.

1. This civil revision petition arises out of an application under Section 19 of Madras Act IV of 1938 by defendants 3 and 5 to amend a decree based on an award. The contesting respondent is the Canara Banking Corporation, Udipi, Limited, which is a scheduled bank as defined by Section 2 (e) of the Reserve Bank of India Act, 1934. The Bank advanced a series of loans to the defendants, the two loans with which we are primarily concerned being one of Rs. 37,285 on 20th June, 1931 and another of Rs. 1,165 advanced on 4th December, 1931. On the latter date the borrowers executed a security bond in favour of the bank mortgaging their properties as security for the whole of the amounts advanced. Thereafter there was a partition in the family of the debtors and some trouble arose concerning the proportionate liability of the different branches and of the property mortgaged which had come to be separately owned as a result of the partition. In October, 1933, a reference was made to an arbitrator who had to decide what were the facts regarding the partition, what was the liability of the different branches and of the different properties belonging to these branches and



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