INDIAN BANK Vs. M.AYUB KHAN

JUDGEMENT

(1.) AGGRIEVED over the dismissal of suit (dated 14.02.2006) as against the guarantors i.e. defendants 2 to 4 passed by the learned Additional District and Sessions Judge, Fast Track Court, Vellore in O.S.No.48 of 2005, Bank has preferred this Appeal.

(2.) APPELLANT is the Indian Bank, Vellore Main Branch and respondents are defendants 1 to 4. For easy reference, parties are referred to as per their ranking in the original suit.

(3.) D 1 filed a written statement denying the averments made in the plaint. Resisting the case of plaintiff bank, D2 filed a written statement that she had borrowed only a sum of Rs.75,000.00 on the strength of Ind Rathna Certificate. Plaintiff had taken her signatures in blank printed forms. Though she had discharged the said debt, plaintiff had retained the aforesaid forms and had made use of one of them for creating the alleged guarantee deed dated 08.02.1990. She had not executed any guarantee deed. Thus, she prayed for the dismissal of the suit.