ALLAHABAD BANK Vs. S M ENGG INDUSTRIES
HIGH COURT OF CALCUTTA
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A.N.Ray, J. -
(1.)This is a bank's suit against six defendants. It is the admitted case that prior to 1982 the 2nd defendant carried on business under the name and style of the 1st Defendant. The bank's case is that in the year 1982 a partnership was constituted by the defendant Nos. 2, 3 and 4 adopting the same name as is now borne by the first defendant. The 5th defendant and the 6th defendant are sought to be made liable by the bank as guarantors in respect of the 1st defendant after it became a partnership concern.
(2.)In 1980 and 1981 several sums of money were advanced by the bank to the 2nd defendant. The amounts are mentioned in paragraphs 7 and 8 of the plaint and the only witness deposing on behalf of the bank has proved these advances made to the 2nd defendant to my complete satisfaction. The matter of passing of decree as against the 2nd defendant is accordingly beyond any dispute.
(3.)The bank's case is that in or about the month of May, 1982 several documents were executed by the defendants Nos. 2, 3 and 4 whereby the entire liability then outstanding to the debit of the 2nd defendant was taken over by the firm, i.e., the 1st defendant as well as by the other partners of the said firm, i.e., the defendant, Nos. 3 and 4.
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