...that as per loan agreement Ex.R2, both the principle loanee Ms. Suman Devi and guarantors are equally liable to repay the loan amount. The petitioners-Bank herein has not filed any recovery suit or proceed.... Suman Devi or other guarantors, who stood for her to repay the loan amount. Unless or until the petitioners-Bank start proceedings against Ms. Suman...Devi and her other guarantors, for the separate loan availed by her, the petitioners-Bank cannot be allowed to say that they can withheld the NOC of Sh. Jaimal Singh-respondent No. 2 herein. The loans...

...and decree of the High Court dismissing their first appeal and affirming the judgment of the trial court. The appellant Bank filed suit for recovery of the total amount of Rs 16,15,091.05 against the...plaintiff. The trial court decreed the suit of the plaintiff for recovery of Rs 9,82,963.47 against the defendants with current rate of interest at the rate of 11% per annum from the date of the suit...defendants. The appellant advanced loan of three kinds to Defendant 1 and Defendants 2 and 3 were the guarantors. When the defendants failed to make payment of the amount borrowed, the plaintiff was...

...Division, Panaji and declaring that the suit instituted by the appellant had abated.2. The appellant Bank instituted a suit before the Civil Judge for recovery of an amount of...Rs 63, 315 against Vinaique Naique, advanced to him as loan by it. Vinaique Naique, the defendant contested the suit, issues were framed and evidence was being recorded. On 26-2-1970 statement of PW 1..., AIR 1965 SC 1049, this Court recognised the principle of representation of the estate by some heirs, where the defendant died during the pendency of the suit to enforce claim against him and all the...

...decreetal amount.Counsel for respondent Bank submits that they were within their rights to seize bank account of petitioner more so when he failed to repay loan amount due and decree has not been satisfied so...to make repayment through monthly installments; as such proceedings have been initiated for recovery of outstanding dues and finally, suit-66/2009 for recovery was filed by respondent Bank before Addl...suit for recovery vide judgment dt.04/10/2010 directed the defendant (petitioner herein) to pay Rs. 63,079/- alongwith interest @ Rs. 12.25% per annum from the date of the suit till realisation of...

..., Plaintiff mortgaged the suit schedule property. Since the Khadi Board brought attachment against the plaintiff for recovery of loan amount as also surety amount, plaintiff filed suit in...affirmative, it is ordered that appellants are at liberty to proceed against the 3 respondent for recovery of the amount due from him. If 3 respondent does not own any property, appellants can obtain arrest...is the owner of suit schedule property. She stood surety to one Durga Industrial Associates, Chitradurga, to the tune of Rs. 14,000/- which borrowed loan from Khadi Board, Bangalore. as surety...

...-plaintiff filed a suit against the respondent-defendant for recovery of the aforesaid loan amount. The learned trial court framed as many as six issues. While deciding issue no. 4, the learned trial...BY THE COURT:Challenge in these writ petitions is to the order dated 30/10/2004 and 24/1/1998 passed in Civil Suit Nos. 9/1998 and 4/1995 respectively whereby Civil Judge...learned counsel for the parties and carefully perused the relevant material on record, it is noticed that the defendant-respondent is found to have taken loan from the petitioner-plaintiff. The petitioner...

...challenged in this writ is a summon/notice, dated 2-12-1998 (Annexure P-4) issued by the Debt Recovery Tribunal. In fact, the respondent - a Bank has filed a suit against the petitioner for recovery of outstanding ...) hence, respondent had no right to file a suit for recovery of the amount. According to petitioner, the order of Tehsildar operates as res judicata in all subsequent proceedings inter se parties in...Debt Recovery Tribunal. The suit was entertained by the Tribunal and accordingly, notice of suit was issued by the Tribunal to the petitioner (as Non applicant) requesting them...

...defendant 5 was a guarantor of the loan taken. The plaintiff filed a suit for recovery of Rs. 3731.40/-against the defendants for recovery of the loan amount with interest. The defendants...the certificate shall proceed to recover the amount. Sub-section (3) bars any suit for recovery of any sum due as aforesaid and it shall not lie in Civil Court against any person referred to in Sub...recovery of those loans by a banking company which are under a State sponsored scheme. It is nobody's case here that the suit loan was under a State sponsored scheme nor the State Government was the...

...filed by the bank qua recovery of the loan amount against the petitioner and Jaspal Singh.Notice of motion for 15.12.2010In the meanwhile, in the event of arrest of the...a guarantor qua the loan taken by co-accused Jaspal Singh from the bank. The petitioner cannot be attributed any knowledge qua the forged documents produced by Jaspal Singh. A civil suit has also been...

...G.R Majithia, J.:— The respondent bank filed a suit for the recovery of loan amount against the petitioners on November 19, 1977 which was decreed by the learned Sub Judge Ist Class...respondent-Bank without first realising the decretal amount by sale of the pledged goods, as ordered, proceeded against the petitioners. The petitioners filed an objection petition u/s 47 of the Code..., Karnal, on March 3, 1982, against the present petitioners/judgment-debtors. The operative part of the judgment reads as under:—“In consequence of discussion made above and findings arrived...

...proceeded with against the petitioner by way of Civil Suit for recovery of the loan amount, as such the suit may be proceeded with. We are not making any comments on the merits of the case. The pr...erring official and the erring official may kindly be held responsible for the loan amount of the petitioner and the same may be recovered from the erring official in the interest of law and justice....(ii) That the respondents may be directed to settle the matter and they may be directed to waive off the loan amount of the petitioner and the appropriate cost may be imposed upon the...

....5. The respondent Bank filed a suit being OS No. 119 of 1984 against the appellants for recovery of the loan amount. The appellants contested the suit and denied materi...Court, Dharwad. The first set of appeals in the High Court had been against the decree of the trial court, which was passed against KPP and JKNP regarding a loan of Rs. 90,000 from Syndicate Bank...appeal are listed as follows:(i) Whether the deceased surety and his legal representatives are liable to repay the disputed loan amount...

...agreed to repay the loan amount with interest due from Kalli Raja Rao, to the Bank. It appears that the appellant though made certain payments but failed to repay the entire loan amount with interest. Consequently,...commitment made by the appellant was not fulfilled by him regarding the repayment of the loan amount, as such, Kalli Raja Rao filed suit being OS No. 28 of 1985 before the Subordinate Judge, Eluru against the appel...failed to repay the entire loan amount in terms of the agreement, and the suit filed by the Bank against the debtor for recovery of remaining amount of loan was decreed, as such, there wa...

...repayment of loan Opposite Party was constrained to file suit against the complainant for recovery of the loan amount before the Principle Muncif court Kasaragod. The suit decreed. As per...loan account is declared as NPA. Opposite Party filed OS 30/2016 against the complainant for recovery of the loan amount with interest and cost. The suit decreed for an amount of Rs. 2,82...not maintainable under CDRC. The Opposite Party filed OS 30/2016 against the complainant before the Principle Munsiff Court Kasaragod for recovery of the loan amount of Rs.2,82,606/- with future...

...deposit amount. The opposite party has filed a Suit for recovery of loan amount as against the first complainant before Sub-court, Cuddalore and the suit was decreed in favor of the oppos...opposite party to release the property document, jewels and deposit amount of complainant and also direct the opposite party to produce the loan account statement and loan account details of the 1st...his title deeds towards security for the above said loan. The second complainant had pledged his 45 grams jewels for Rs.56,000/- on 21.3.2011. He also repaid the loan amount with interest . But the...

.... The respondent/Bank filed a suit for recovery of loan amount against the present appellant. The appellant/defendant was duly served. However, since he remained absent and his Counsel pleaded no...1. This appeal is directed against the order dated 20.9.1999, dismissing the application of appellant/petitioner under Order 9, Rule 13, C.P.C2...instructions on the date of hearing on 23.6.1995, he was proceeded against ex parte and a judgment and decree was passed against him.3. He filed an application under Order 9...

...Manager, is only concerned with the recovery of the loan amount. The Bank also instituted a suit against the second respondent for recovery of the loan amount. Therefore, if the ...Disputes Redressal Forum, Bengaluru. In the meantime, it appears that the second respondent became a defaulter and therefore the Bank instituted a suit against him by filing a suit, O.S.No.769/2015...Manager takes steps according to law to recover the loan amount, it cannot be said that he had any intention to insult the second respondent just because he belongs to scheduled caste...

...of Bhargava Enterprises and regularly paid the installments. The opposite party filed a suit against complainant for recovery of loan amount the complainant approached opposite party Bank and proposed...account No.032030100017663, Ex.A1 is the attested copy of loan account statement from 27.07.2010 to 18.09.2010 and the opposite party filed a suit against complainant for recovery of loan amount b...several request to complainant to repay the loan amount. The opposite party Bank filed a suit against complainant before Honourable Junior Civil Judge Court, Kurnool. During the pending of Contd...

...appellant claims charge on the property for recovery of loan. He can file a suit for recovery of the amount against the borrower, however, the appellant cannot claim superior right over the proper...consideration of Rs.70,000/-. The appellant claims that Sh. Ram Rattan Yadav by registered mortgage deed dated 11.06.2015, mortgaged the suit property in his favour against loan of Rs.5,50,000/-. That is...filed a suit for specific performance of agreement to sell dated 21.04.2014, executed by Sh. Ram Rattan Yadav. The suit was filed on 02.05.2017. As per the agreement to sell, Rs.3,30,000/- was paid as...

...for amendment of written statement.Respondent-plaintiff Punjab and Sindh Bank has filed suit against defendants for recovery of outstanding loan amount. Defendants by way of amendment...hypothecated good and, therefore, the plaintiff is not entitled to claim any amount from the defendants because on account of fault of the plaintiff, the insurance company did not pay full claim of the...plant and machinery insured and thereby depriving the defendants of the full amount of insurance claim and plea to this effect should be allowed to be taken by amendment of written statement. The...