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2014 Supreme(Tri) 47

S.TALAPATRA
Sukumar Debbarma – Appellant
Versus
State of Tripura – Respondent


Advocates Appeared:
For the Appellant :Mr. Somik Deb, Advocate
For the Respondents:Mr. J. Majumder, Advocate for the Respondents No. 1 and 2

JUDGMENT

Subhasis Talapatra, C.J.:-

The undisputed facts unfolded in the writ petition are that the respondent No. 4 had obtained a loan to the extent of Rs.3,07,800 by virtue of the memorandum dated 19.12.1998 (Annexure-P/3 to the writ petition) and the petitioner herein stood as the guarantor on executing the instrument styled as the letter of guarantee (Annexure-R/3 to the counter-affidavit filed by the respondents No. 1 and 2) and also authorising the Inspector of Schools, Bishalgarh by the letter (Annexure-R/2 to the counter-affidavit filed by the respondents No. 1 and 2) that, if the borrower failed to repay the loan amount with interest accrued thereof partly or fully, deduction may be made from his monthly pay bill for repayment of the loan or interest of the said borrower till the full recovery of the said loan is made. The General Manager of the respondent No. 3 by the letter dated 22.08.2001 (Annexure-P/2 to the writ petition) had asked the petitioner for repayment of the outstanding amount to the extent of Rs. 2,56,500 as on 31.07.2001 alongwith interest to the extent of Rs.20,982 as on 31.03.2001 as the respondent No. 4 had not been repaying the instalments in terms of t






















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