JUDGEMENT
R.L.Khurana, J. -
(1.)- The plaintiff-bank
has directed the present Regular First Appeal
against the judgment and decree dated
30.9.1986 of the learned single Judge, passed
in Civil Suit No. 84 of 1985.
(2.)Defendant No. 1 is a sole proprietorship firm of which the defendant No. 2 is the
proprietor. A cash credit limit of Rs. 1,00,000.
as working capital for setting up a thresher,
sheller and Chhak is was sanctioned in favour
of .defendants No. 1 and 2 by the plaintiff. The
amount of cash credit limit was repayable
alongwith interest at the rate of 12.5% per
annum with quarterly rests. Defendant No. 3
stood as a guarantor for defendants No. 1 and
2. The facility was availed of by defendants
No. 1 and 2. They, however, failed to repay
the same, as per terms and conditions agreed
upon between the parties. After adjusting the
various amounts received from the defendants from time to time, a sum of Rs.
1,43,185.53 P. towards principal and interest upto 26.9.1985 was due from the defendants.
(3.)The defendants No. 1 and 2 were also
granted a medium term loan of Rs. 1,00,000
by the plaintiff. The loan carried interest at the
rate of 12.5% per annum with quarterly rests.
Defendant No. 3 stood as a guarantor for the
repayment of the loan amount as well. The
defendants failed to repay the loan amount
and the interest accrued thereon, as per the
terms and conditions of the loan. After adjusting
the amounts received from time to time,
a sum of Rs. 98,244.50 P. towards principal
and interest as on 26.9.1985 was due from
the defendants.
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