A.B.PAL, J. - (1.) This first appeal by the Tripura Gramin Bank is directed against the decree dated 3.2.98 passed in T.S. (Mort.) No. 05 of 1993 prepared in pursuance of the judgment dated 27.9.96 passed by the learned Civil Judge, Sr. Division, Dharmanagar. The appellant further prayed for restoration of the preliminary decree dated 4.10.96 prepared following the samejudgment.
(2.) The appellant Bank filed the suit for realization of Rs. 8,51,992.90 p. from the defendant No. 1 Sri Promode Chandra Nath, the amount having been calculated as on :31.3.93 against A/C No. TS (SSI) 1 (716) and CC A/C No. 18. The appellant after approving the application for loan of the defendants No. 1 sanctioned a term loan of Rs. 56,000/- and a cash credit facility to the extent of Rs. 81,000/- on 19.10.81 the total amount being Rs. 1,47,000/-. Along with the plaint, the appellant annexed the details of the two A/cs starting from 17.11.81 in respect of A/c No. TL (SSI) 1/716 and 11.11.81 in respect of A/C No. CC 18 which have been exhibited as Annexure-A Series. The two A/ Cs show Rs. 2,47,959.90 p. and Rs. 6,04,033/- as on 23.3.93 respectively. The suit was filed for realization of this amount along with interest as the respondents did not repay the loan as per terms and conditions thereon.
(3.) The defendants contested the suit after admitting that Rs. 1,47,000/- was sanctioned by the appellant on 19.10.81 on terms and conditions contained in Paragraph 5 of the agreement. But they contended that the A/ Cs were opened in the name of M/S Yubarajanagar Small Industries not in the name of the defendant No. 1 and that he did nod execute any promissory note for Rs. 66.000/- and Rs. 81,000 separately on 11. l1.81 in favour of the Bank for repayment.;