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Orientel Bank Of Commerce v/s Remko International


Company & Directors' Information:- INTERNATIONAL COMMERCE LIMITED [Active] CIN = U10100WB1980PLC204139

    Suit Appeal No. 1153 of 1983

    Decided On, 16 January 1996

    At, High Court of Delhi

    By, THE HONOURABLE MR. JUSTICE A.D. SINGH

    For the Appearing Parties: H.D. Talvani, Advocates.



Judgment Text

ANIL DEN SINGH, J.


(1) THIS is a suit for the recovery of a sum of Rs 4 50,316 27 The facts stated in the plaint are as follows


(2) THE plaintiff is Oriental Bank of Commerce Defendant No 1 is a partnership firm and defendants No 2 and 3 are partners thereof The defendants were provided credit facilities by the plaintiff bank and in consideration thereof, the defendants executed loaning documents. Despite the fact that the defendants availed of the credit facilities from the plaintiff Bank they failed to discharge their liability


(3) THE plaintiff gave legal notice dated 22nd May 1985 to the defendants for discharge of their liabilities, but to no effect with the result that the plaintiff filed the present suit


(4) THE defendants appeared in the matter initully but subsequently absented themselves with the result that they were set ex-parte The plaintiff produced ex-parte evidence by way of affidavits of Mr M L Sarin, Sr Manager OBC, I and C Deptt Head Office, New Delhi, S P Mehra, Chief Manger. OBC, Sadar Bazar Branch and Mr J K Katyal, Sr Manger, OBC, I and C Branch Besides the plaintiff has also filed three statement of accounts Ex Public Witness 1/ 20 (colly)


(5) HAVING regard to the statement of accounts and the evidence on record, I am satisfied that following sums of money are due from the defendants to the plaintiff (i) Rs 69,987 56 on account of overdraft account (ii) Rs 3,52,506 36 in respect of packing credit facility , and (iii) Rs 27,822 35 in respect of cash incentive account


(6) ACCORDINGLY, a decree in the sum of Rs 4,50,316 27 is passed in favour of the plaintiff

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and against the defendants jointly and severally with interest @ 14% from the date of filing of the suit till realisation of the decretal amount The plaintiff will also-be entitled to costs.
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