Nisha Gupta, J. - (1.) THE instant civil regular first appeal has been preferred against the judgment & decree dated 01/03/1993 passed by the court of Additional District Judge No. 2, Kota by which the suit filed by the plaintiff -respondent Bank of Baroda for recovery of amount of Rs. 3,41,920/ - has been decreed in its favour and against the defendant -appellant.
(2.) THE facts giving rise to this appeal in brief are that plaintiff -Bank of Baroda, Branch Rampura, Kota has filed a suit for recovery of amount of Rs. 3,41,920/ - with the contention that a cash credit facility to M/s. Shubham Cement has been allowed by the bank and defendants No. 2 to 5 stood as guarantor. Cash credit facility was provided by the bank to the firm in October, 1982 to the extent of a sum of Rs. 8,00,000/ -, Rs. 4,00,000/ - has been allowed on pledge of the goods and Rs. 4,00,000/ - has been allowed on hypothetication of stock. Since a sum of Rs. 3,41,920/ - remained outstanding hence, suit has been filed for recovery of the said amount. Defendant -appellant contested the suit on the ground that they have not executed any documents and their signatures have been obtained on blank forms and promissory notes and other documents are without any consideration. Stock has been destroyed in the flood on 25/07/1986. The goods were insured by the bank hence, compensation could be claimed through insurance company and appellant is not under any liability to pay the amount. The court below has decreed the suit hence, this appeal.
(3.) HEARD learned counsel for the appellant and perused the impugned judgment & decree as well as original record of the case.;