SUJATA Vs. MANOHAR, J. - (1.) Leave granted.
(2.) The appellant, namely, the State Bank of Bikaner and Jaipur had given cash credit facilities to respondent No.1, National Iron and Steel Rolling Corporation. Respondents 2 to 5 are the partners of respondent No. 1. As a security for repayment of the amounts advanced to respondent No. 1 by the appellant-bank, respondent No. 1 created a mortgage of their factory premises situated at Industrial Area, Bharatpur by a Deed of Mortgage dated 18-10-1977. They have also, by a Letter of Promise dated 10-6-81, pledged the plant and machinery installed in the said premises to the bank as a security for the said advances. There is also an agreement for the pledge of movables dated 7-1-80 executed by the first respondent in favour of the appellant-bank.
(3.) The appellant-bank filed Civil Suit No. 5/ 86 in the court of the Additional District Judge II, Bharatpur against the respondents for the recovery of a sum of Rs. 3,79,672/- due and payable under the above cash credit facility and for future interest @ 16.25% p.a. with quarterly rests. In this suit the appellant-bank also asked for the realisation of the mortgage security under Order 34, Rule 4 of the Code of Civil Procedure.;