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2020 Supreme(SC) 376

UDAY UMESH LALIT, ANIRUDDHA BOSE
Canara Bank – Appellant
Versus
Leatheroid Plastics Pvt. Ltd. – Respondent


Advocates Appeared:
For the Appellant :Brijesh Kumar Tamber, Advocate
For the Respondent:M. P. Shorawala Advocate

JUDGMENT

Aniruddha Bose, J.

The appellant, Canara Bank, had extended credit facilities to the respondent-Company, Leatheroid Plastics Private Limited under different heads. The respondent had been having banking relationship with the appellant since 1980. The credit facilities involved in this appeal included restructuring of past debt-repayment. The arrangement of extending such credit was agreed upon on 4th January 2001. The bank agreed to extend the following financial facilities to the respondent, against mortgage of land, buildings stocks etc; towards security:-

    Sl. No.

    LOAN

    AMOUNT(RS)

    REMARKS

    1

    Fund Interest Term   Loan (FITL)

    10,08,000/-

    Amount   of interest upto 31.12.2000

    2

    Fresh Term Loan (TL)

    15,00,000/-

    New facility to   restart the   said unit

    3

    Open   Cash Credit (OCC)

    40,00,000/-

    4

    Working Capital Term   Loan (WCTL)

    29,99,000/-

    5

    Supply Bills

    10,00,000/-

Two documents were executed on that date, i.e. 4th January 2001 for such purpose. One was a deed of hypothecation and the other an agreement of collate

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