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1997 Supreme(MP) 88

S.C.PANDEY
STATE BANK OF INDIA – Appellant
Versus
MADHYA PRADESH IRON AND STEEL WORKS PVT. LIMITED, RAIPUR – Respondent


Advocates Appeared:
G.M.CHAPHEKAR, RAVISH CHANDRA AGARWAL, S.K.SETH

S. C. PANDEY, J.

( 1 ) THIS revision under Section 115 of the Code of Civil Procedure is directed against the order dated 15-5-1996, passed by District Judge, Durg, in Civil Suit No. 66-A of 1991, whereby he rejected the I. A. No. 31, filed by the applicant under Section 151 of the Code of Civil Procedure, wherein it was prayed that the applicant be permitted to adjust Rs. 10 Lakhs deposited in the current account of non-applicant No. 8, Mool Chand Jain, with the Malviya Nagar, Durg Branch of the applicant or be permitted to retain the same as security for the suit claim on the basis of "bankers Lien" or the aforesaid amount be ordered to be deposited in the Court till it passes an appropriate order for its disposal at the time of passing the decree in the suit.

( 2 ) IT is necessary to state the relevant facts giving rise to this revision in a narrow compass. The applicant filed Civil Suit No. 66-A of 1991 for recovery of Rs. 2,81,75,422. 21 advanced to non-applicant No. 1 through its directors and claimed 18% interest pendente lite and the future interest at the same rate on the decretal amount till realisation. It was stated in the plaint that the non-applicant No. 1 company was




























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