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2000 Supreme(All) 1260

S.N.AGARWAL, KRISHNA KUMAR
PUNJAB NATIONAL BANK – Appellant
Versus
LAKSHMI I AND T COMPANY PVT LTD – Respondent


Advocates Appeared:
A.K.SAND, K.K.Roy, K.L.GROVER, RAVI KIRAN JAIN,

SUDHIR NARAIN, J.

This is the plaintiffs appeal against the judgment and decree dated 31-5-1993 dismissing the suit against the defendant Nos. 3 to 5 with the direction that plaintiff shall be liable to adjust the amount of the goods which were pledged with it.

2. Briefly stated the facts are that the plaintiff-appellant (hereinafter referred to as the Bank) filed suit for recovery of Rs. 57,27,575. 44 with the allegations that defendant-respondent No. 1 was a private limited company incorporated under the provisions of Companies Act, 1956 and defendant-respondent No. 2 was a unit of defendant-respondent No. 1. In May 1977 defendant No. 1 company approached the Bank for grant of various credit (banking facilities) and the Bank agreed to grant to the defendant No. 1, inter alia, three facilities i. e. (i) cash credit limit of Rs. 10,00,000/-, (ii) cash credit hypothecation limit of Rs. 4,00,000/- and (iii) a documentary D. D. limit of Rs. 5,00,000/ -. The respondent-company opened Cash Credit Pledged and Cash Credit Hypothecation Accounts with the Bank on 1st August, 1977. In the middle of the year 1978 the Bank agreed to enhance the aforementioned limits with effect from 7th August
































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