ANDHRA PRADESH HIGH COURT
Chandrasekhara Sastry, J.
Commercial and Industrial Bank Ltd. Gunfoundry through Manager Viswanath Rao Bilurgikar v. J. Kanakachalam
| Table of Content |
|---|
| 1. overview of appeal and claims. (Para 1 , 2) |
| 2. disputed shares and acknowledgment of liability. (Para 3 , 4 , 5) |
| 3. issues of limitation and nature of acknowledgment. (Para 6 , 7 , 8) |
| 4. court's findings on acknowledgment and limitation. (Para 9 , 10) |
| 5. remand for hearings regarding value and disposition of shares. (Para 11 , 12 , 13) |
| 6. final directions on court fees and remanding the case. (Para 14 , 15) |
1. The above appeal and the Memorandum of cross - objections are filed against the judgment and decree in O. S. No. 58/1 of 1955 on the file of the Second Additional Judge City Civil Court, Hyderabad.
2. The plaintiff, the Commercial and Industrial Bank Ltd., is the appellant in this appeal. The suit was filed to recover I. G. Rupee 5,078-0-7 equivalent to H. S. Rs. 5,927-6-0 from the defendants. The plaintiff's case is shortly as follows. The plaintiff is a limited bank. The defendants dealt in shares for which they required money from time to time. They arranged for overdraft accounts in I. G. and H. S currency in the plaintiff - bank agreeing to pay interest at 6 per cent per annum on the overdraft amounts.
As security for the amounts thus drawn, the defendants use
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