LAWS(BOM)-1996-12-4

UNION BANK OF INDIA Vs. NOOR DAIRY FRAM

Decided On December 24, 1996
UNION BANK OF INDIA Appellant
V/S
NOOR DAIRY FRAM Respondents

JUDGEMENT

(1.) THIS is a suit filed by Union Bank of India against the defendants for recovery of money. The defendants have filed written statement. Issues have been framed. One witness was examined on behalf of the plaintiff and plaintiffs case was closed. One witness was examined on behalf of the defendants. I have heard the learned Counsel appearing for both sides.

(2.) THE plaintiffs case is as follows :-

(3.) ON the above pleadings, the following issues are framed. SSUES 1. Whether the plaintiff proves that the Defendants or any one of them were granted a Term Loan Facility in 1975 which was continued in 1978 whereunder the Defendants were lent various amounts by the plaintiff as mentioned in paragraphs 3 and 4 of the plaint ? 2. Whether the plaintiff proves that the Defendants or any one of them were granted a Cash Credit Facility in 1975 which was continued in 1978 whereunder the Defendants were lent various amounts by the plaintiff as mentioned in paragraphs 3, 7 and 8 of the plaint ? 3. Whether the plaintiff proves that there is due and payable by the Defendants to the plaintiff the sum of Rs. 78,962,80 ps with further interest thereon at the rate of 15% per annum with half yearly rests from the date of the filing of the suit till payment and/or realisation together with costs charges and expenses for the said period under the Term Loan Facility as stated in paragraph 6 of the plaint and as prayed for in prayer (a) of the plaint.