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1992 Supreme(Mad) 611

K.M.NATARAJAN, MARUTHAMUTHU
Union Bank of India, rep. by its Branch Manager – Appellant
Versus
The Eastern Electric Co. , Madras rep. by its Partners – Respondent


Advocates Appeared:
For the Appellant:C.V.G. Iyer, Advocate.
For the Respondents:R4 & R5 - V.S. Subramaniam, Advocate.

Judgment :-

K.M. NATARAJAN, J.

1. The plaintiff is the appellant. The appellant-plaintiff filed the suit against defendants 1 to 5 who are respondents for recovery of money. The case of the appellant is that the 1st defendant firm approached the plaintiff requesting for granting certain credit facilities like cash credit facility, hypothecation facility and bills discounting facility. Defendants 2 and 3 are partners of the first defendant-firm. The 4th defendant, who is the husband of the second defendant, is the power of attorney agent of defendants 2 and 3. The following documents were executed in favour of the plaintiff to secure the credit facilities:—

1. Pledge agreement dated 12.2.1976.

2. Promissory note for Rs. 15,000/- dt. 21.7.1976.

3. Letter of continuity for overdraft account dt. 21.1.1976.

4. Letter of continuity for Rs. 15,000/- dt. 27.7.1976 (Cash Credit account).

5. Promissory note dt. 27.7.1976 for Rs. 15,000/-.

On 7.10.1977, the plaintiff wrote to the 1st defendant firm informing them about the two types of credit facilities granted, to the 1st defendant-firm, the quantum of facilities granted the interest chargeable, the security for the loan and other conditions. On








































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