DELHI HIGH COURT
Not mentioned, J
Citibank N.A. – Appellant
Versus
Juggilal Kamlapat Jute Mills Co. Ltd. – Respondent
| Table of Content |
|---|
| 1. summary of the case facts and loan agreement. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9) |
| 2. defendant contests bank's claims. (Para 10 , 15 , 16) |
| 3. court's evaluation of plaintiff's authority to file suit. (Para 11 , 12 , 14 , 17 , 18 , 19 , 20) |
| 4. discussion on surety's liability. (Para 30 , 34 , 35) |
| 5. rights of surety in relation to mortgage. (Para 39 , 41 , 42) |
| 6. final judgment affirming bank's claims. (Para 54 , 66 , 67) |
| 7. court's final order on the amount due. (Para 80) |
1. In this somewhat unusual suit, under O.37 of the Code of Civil Procedure, 1908 , the plaintiff, Citibank N.A., seeks a decree for Rs. 77,10,733.67, against the defendant Juggilal Kamlapat Jute Mills Co. Ltd. (for short 'Jute Mills').
2. J.K. Manufacturers Ltd. (for short 'Manufacturers Ltd,') has a cotton textile manufacturing unit in Kanpur. This company was incurring heavy losses. In order to render the said textile unit into an economic, profitable and efficient unit and for the purpose of modernising and / or equipping it with additional plant etc., Manufacturers Ltd.' agreed to grant to 'Jute Mills' licence to use the said textile unit on terms and conditions as contained in the licence de
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