BANK OF BARODA Vs. PRAKASH WAREHOUSE

JUDGEMENT

(1.) This suit brought by the Bank of Baroda against the five defendants for the recovery of Rs. 4,17,729.85 p., has arisen in the following circumstances :

(2.) A current account was got opened by defedant No. 1 firm, of which defendants No. 2 to 4 are partners, with the plaintiff on 8-4-1975. Defendant NO, 5 had then introduced defendants No. 2 to 4 to the plaintiff. On the basis of this account, the plaintiff is- seeking a decree of Rs. 3.15,722.04 p. against defedant No. 1 and its partners. This large liability has resulted as the defendant-firm had been overdrawing.

(3.) Another account known as cash-credit account, was got opened by defendant No. 1 with the plaintiff on 22-4-1975. This had drawal facility of Rs. 25,000.00 . Defendant No. 5 had stood as guarantor for this account and had executed a document in this direction on 19th April, 1975. On the basis of this account the plaintiff claims a decree for Rs. 40,133.51 p. against all the defendants including defendant "No."5.'