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2016 Supreme(Mad) 3347

A.SELVAM, P.KALAIYARASAN
Essor Hotels Private Limited, Madras – Appellant
Versus
Grindlays Bank Now known as Standard Chartered Bank – Respondent


Advocates Appeared:
For the Appellant : Mr. K.Mani.
For the Respondents: Mr. N.V. Srinivasan, M/s. N.V.S. Associates, Official Receiver (Died).

JUDGMENT :

P. KALAIYARASAN, J.

This Original Side Appeal is directed against the Judgment and Decree of the learned single Judge, dated 09.05.2006 passed in C.S.No.150 of 1987 dismissing the suit.

2. The plaint averments are as follows:

(i) The plaintiff company was registered as a Private Limited Company under the Companies Act, 1956 on 01.07.1971. In pursuance of the objects, the plaintiff set up a hotel business under the name and style of Hotel Gokula at Poonamallee High Road, Madras. The said Hotel consisted of 73 rooms with various other amenities like conference hall, bar, restaurants and others. For the purpose of raising necessary funds for running the hotel, the plaintiff company approached the first defendant Bank for various loan facilities. The plaintiff was sanctioned (a) Term loan of Rs.20 lakhs; (b) Over draft - Rs.2 lakhs; and (c) Deferred Payment Guarantee-Rs.6.3 lakhs. The entire amount received by the plaintiff by way of loan was invested in the business of the company including the construction of the project. Under the agreement, the plaintiff has to repay the term loan in instalments commencing from 03.09.1974. The Company was not in a position to repay the loan










































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