Document Fragment View

Matching Fragments

2.3 That the defendant no. 2 and 3 have executed separate Deed of Guarantee (Form No. OD-194) dated 21.03.2017 in favour of the plaintiff, whereby they assured the plaintiff that the defendants will make timely payment of the due amount and in default of the same, the defendant no. 2 and 3 will be liable to the plaintiff for payment of the due amount along with applicable rate of interest. 2.4 That the defendants had further requested the plaintiff bank for Temporary Overdraft Facility on the said account to meet the urgent business commitments. On the request of the defendants, the temporary overdraft was allowed in the said account by the plaintiff bank on 24.04.2018 for Rs.15,00,000/- (Rupees Fifteen Lakhs Only) to meet the urgent business commitments of defendant company.

2.5 That the said temporary overdraft which was granted for a short period of 30 days was not adjusted by the defendants, despite repeated requests from the plaintiff bank. The plaintiff bank had lastly made transaction on 08.10.2018. Thereafter, no such transaction has been made out in the above said account of the defendant company.

2.6 That the plaintiff bank vide its letter dated 26.09.2018 had requested the defendants to pay the overdue amount of Rs.14,94,125.85/- in the said account bearing no. 601830110000042 but the defendants have failed to pay the same. That when the defendants failed to clear the outstanding amount despite lapse of long period of time, the plaintiff bank had decided to recall the entire outstanding amount on account of above said temporary overdraft and interest/other charges applied in said account vide its legal notice dated 30.11.2018 sent through its advocate thereby calling the defendants to pay the outstanding amount alongwith interest. Despite receipt of the Legal Notice, the defendants have failed to pay the outstanding amount to the plaintiff bank.

7.2 That the defendant no. 2 and 3 have executed separate Deed of Guarantee (Form No. OD-194) dated 21.03.2017 in favour of the plaintiff, whereby they assured the plaintiff that the defendants will make timely payment of the due amount and in default of the same, the defendant no. 2 and 3 will be liable to the plaintiff for payment of the due amount along with applicable rate of interest. 7.3 That the defendants had further requested the plaintiff bank for Temporary Overdraft Facility on the said account to meet the urgent business commitments. On the request of the defendants, the temporary overdraft was allowed in the said account by the plaintiff bank on 24.04.2018 for Rs.15,00,000/- (Rupees Fifteen Lakhs Only) to meet the urgent business commitments of defendant company.

7.4 That the said temporary overdraft which was granted for a short period of 30 days was not adjusted by the defendants, despite repeated requests from the plaintiff bank. The plaintiff bank had lastly made transaction on 08.10.2018. Thereafter, no such transaction has been made out in the above said account of the defendant company.

7.5 That the plaintiff bank vide its letter dated 26.09.2018 had requested the defendants to pay the overdue amount of Rs.14,94,125.85/- in the said account bearing no. 601830110000042 but the defendants have failed to pay the same. That when the defendants failed to clear the outstanding amount despite lapse of long period of time, the plaintiff bank had decided to recall the entire outstanding amount on account of above said temporary overdraft and interest/other charges applied in said account vide its legal notice dated 30.11.2018 sent through its advocate thereby calling the defendants to pay the outstanding amount alongwith interest. Despite receipt of the Legal Notice, the defendants have failed to pay the outstanding amount to the plaintiff bank.