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2015 Supreme(Online)(Chh) 50

CHATTISGARH HIGH COURT
Additional District Judge, J
Bhartiya State Bank v. Bhanjan Singh and Another


1. This is an appeal filed by the Bank against the judgment and decree dated 14.05.1999 passed in Civil Suit No. 34 - A / 1999 by the Court of Additional District Judge, Bilaspur, whereby the suit filed by the Bank was dismissed as barred by limitation.

2. According to the plaint allegations, the deceased Ramu Singh Thakur had applied to the Bank to obtain the loan under the agricultural heads. It was also pleaded that different documents were executed and further the re - payment of loan was further secured by the guarantor and a deed of guarantee was also executed by one Badri Prasad Agrawal. After examining the documents and application, the Bank sanctioned the loan to the borrower under different heads and loan Rs. 40,000/- was for tubewell, Rs. 12,000/- for fencing of the field and Rs. 14,000/- for the crops. Thereby, in all, total loan of Rs. 66,000/- was sanctioned.

3. As per the pleadings, the loan was sanctioned after execution of the necessary documents on 19.02.1990 and the interest was levied at the rate of 10% & 12' % according to the variable rate declared by the Reserve Bank of India. In order to secure the loan, a deed of hypothecation was also executed whereby all th




















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