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2008 Supreme(Ori) 139

A.K.PARICHHA
Syndicate Bank – Appellant
Versus
Radhanath Jena – Respondent


JUDGMENT

A. K. PARICHHA, J. — This is an appeal by the unsuccessful plaintiff against the judgment and decree passed by the learned Civil Judge (Senior Division), Jagatsinghpur in M.S. No.143 of 1992.

2. Plaintiff is a Nationalized Bank. Defendant No.1 ap¬plied to the plaintiff-Bank for a loan of Rs.1,65,000/- for purchase of a Tata Truck. The plaintiff-Bank after considering the said application sanctioned the loan. Defendant No.2 stood as a guarantor for that loan. Pursuant to the sanction of loan, both the defendants jointly executed a deed of agreement making them jointly and severally liable for repayment of the loan with interest. It was agreed that the loan would be repaid by monthly, instalments of Rs.3,900/- commencing from 1.12.1984. Defendant No.1 defaulted in repayment of the loan in spite of demands by the officials of the plaintiff-Bank and a sum of Rs.1,91,756.40 remained outstanding. Since this amount was not paid in spite of advocate’s notice served by the plaintiff-Bank, suit was filed for recovery that amount along with pendentilite and future inter¬est at the rate of 17.75% per annum. Prayer was also made for attachment and sale of Tata Truck bearing registrati





















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