JUDGMENT :- This appeal under Section 96 of the C.P.C. has been filed by the appellant against the judgment and decree passed by Civil Judge, Nainital on 15-5-1995 in Original Suit No. 40 of 1992, whereby the suit was dismissed with costs and all securities/equitable mortgages of immovable properties were released from encumbrances. The Truck No. UGP/4671 was also released to stand as security.

2. Brief facts of the case are that the appellant/plaintiff is a body corporate constituted under the Banking Companies (Acquisition and Transfer of Undertakings) Act No. 5 of 1970. Its Head Office is situated at Mandvi, Baroda in the State of Gujarat and a Branch Office at Kashipur, District Nainital. Respondent No. 1-M/s. Nainital Seeds Corporation is a partnership firm doing in production and marketing of certified quality of seeds after purchasing raw seeds from the seed growers approved by respondent No. 1. Respondent No. 1 through respondents/defendants No. 2 and 3 approached to the appellant/plaintiff-Bank at Branch, Kashipur, District Nainital for grant of the financial assistance of Rs. 32,00,000/-by way of a cash credit (hypothecation) limit and Rs. 8,50,000/- as term loan for purch

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