VITHALBHAI P AMIN Vs. BANK OF BARODA

JUDGEMENT

(1.) This First Appeal is at the instance of defendant Nos: 2 and 3 in a suit for recovery of money and is directed against the judgment and decree dated 25th July 1991 passed by Civil Judge, Senior Division, Bhuj, District Kachchh in Special Civil Suit No. 19 of 1986 thereby passing a decree for recovering money, with a further declaration that all the three defendants are jointly and severally liable to pay the decretal dues. The plaintiff Bank was also granted a further decree for interest at the rate of 17.5% on the decretal amount.

(2.) Being dissatisfied, the defendant Nos. 2 and 3 have come up with the present First Appeal.

(3.) In the suit, the defendant No. 1 was described as a Company incorporated under the Companies Act, 1956 and the defendant Nos. 2 and 3 were impleaded in their personal capacity as guarantors for grant of loan by the plaintiff in favour of the defendant No. 1.