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1977 Supreme(All) 227

M.N.SHUKLA, K.C.AGRAWAL
S. B. Industries, Freegunj – Appellant
Versus
United Bank of India – Respondent


Advocates:
A.K. Banerji, for Appellants; V.K.S. Choudhary, for Respondents.

Judgement

K. C. AGARWAL, J. :- This appeal is directed against the judgment and order of the learned Second Additional Civil Judge, Agra, dated February 2, 1976, allowing an application filed by the plaintiff respondent for appointment of receiver over the properties mentioned in Schedules C and E of the plaint.

2. Briefly stated the facts are these : Suit No. 64 of 1972 was filed by the United Bank of India, a banking concern against the defendants for recovery of Rs. 14,72,473.42 P. along with future interest against the appellants and others (hereinafter referred to as the defendants). The said defendants were the partners of M/s Hindustan Metal Works which was impleaded as defendant No. 1 in the suit. The defendants 2 to 4 opened an account in the name of defendant No. 1 with the Belanganj Branch, Agra which was of the nature known as the Current Account . The facilities offered by the said current account were not adequate for the trade purposes of the defendants 1 to 4. They, therefore, requested the Bank to give them further facilities in the nature of cash-credit/over draft with the limit and terms to be mutually agreed between the parties. The bank agreed to give these




























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