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2008 Supreme(P&H) 1822

RAKESH KUMAR GARG
Karan Traders – Appellant
Versus
Punjab & Sind Bank – Respondent


Advocates Appeared:
For the Appellant :Mr. K.K. Bansal, Advocate.
For the Respondent No. 1:Mr. G.S. Punia, Advocate.

JUDGMENT

Rakesh Kumar Garg, J. - This is defendants second appeal challenging the judgment and decrees of the Courts below whereby the suit for recovery filed by the plaintiff-respondent No. 1 has been decreed.

2. Briefly stated, the plaintiff filed a suit for recovery of Rs. 1,72,260/- against the defendants on the basis of documents recoverable from the defendants by way of sale of hypothecated goods and mortgaged property. The case of the plaintiff-respondent No. 1 was that the defendants No. 1 and 2 applied for grant of cash credit limit or Rs. 30,000/- and agreed to pay interest at the rate of 19.50 per cent per annum compounded with quarterly rests which was subject to revision from time to time. The account of the defendants became irregular and they failed to make payment of due amount in spite of the legal notice. Hence, the suit for recovery of Rs. 1,72,260/- which included interest upto 27.10.1995 with future interest @ 19.25 per cent per annum with quarterly rests. Notice of the suit was given to the defendants. Defendants Nos. 1 and 2 contested the suit. Defendants No. 3 to 5 were proceeded against ex parte. In the written statement, defendants No. 1 and 2 took various














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