LAWS(BOM)-2014-4-164

ALLAHABAD BANK Vs. SHIVGANGA TUBE WELL

Decided On April 09, 2014
Allahabad Bank through its Power of Attorney Appellant
V/S
M/s. Shivganga Tube Well Respondents

JUDGEMENT

(1.) This first appeal is admitted on 12th March, 1998. Heard learned counsel appearing for the respective parties.

(2.) Appellant Bank's suit for recovery of an amount of Rs. 27,76,137/ and for preliminary decree for sale of the mortgaged property for recovery of the said amount was decreed against the borrower original defendant No.1, but was dismissed against the guarantors i.e. defendants No. 2 to 6. Hence, this first appeal against the guarantors.

(3.) The case of the appellant/plaintiff, in short, is as under :