alleged,
during the year 2007-2008 complainant bank sanctioned a temporary overdraft
facility to the accused ... proprietor of M/s Indigo Travels &
Tours, a temporary overdraft facility to the tune of Rs.15,00,000/- at the interest
defendants approached the plaintiff bank on 11.06.1996, for grant of a
temporary overdraft facility for a sum of Rs. 70,000/- (Rupees Seventy
Thousand Only ... proprietor of defendant
No. 1, seeking grant of temporary overdraft facility for a sum of Rs. 70,000/-
Ex. PW-1/2; Cheque bearing
further stated overdraft
facility is not extended without request but the procedure to be followed for
grant of overdraft facility depends upon the sanctioning authority ... overdraft could be obtained without
proper documentation and procedure. He further stated no documentation or
procedure was required for temporary overdraft facility. He further stated
basis of temporary overdraft facility and India card facility which as per the
respondent Bank were availed by the appellants. The appellant number ... approached the respondent Bank on
11.07.1996, for grant of temporary overdraft facility for a sum of Rs. 70,000/-
on usual terms of interest
plaintiff bank granted in favour of defendant
No. 1 the temporary overdraft facility to the tune of Rs. 6,00,000/ (Rupees Six
Lacs only ... defendant No. 2 for its
clearance. While availing the said temporary overdraft facility and instructing the
plaintiff bank to clear the said cheque, defendant
that the defendant
approached the plaintiff bank for availing the Temporary Overdraft facility of Rs.
3.70 lacs and the plaintiff bank sanctioned ... necessary loan
and other documents, has availed the amount of Temporary Overdraft facility in the
account from time to time. That the defendant has failed
conditions of RBI guidelines. Initially as and when temporary
overdraft facility was availed by defendants, the outstanding
amount used to be paid within a period ... been further averred that the defendants on
21.03.2000,utilised the temporary overdraft facility as the
defendants requested the plaintiff to clear a cheque issued
That the defendants had further requested the plaintiff bank
for Temporary Overdraft Facility on the said account to meet the
urgent business commitments ... Colly.) (OSR).
5. Copy of temporary overdraft facility to be availed by the
defendants is Ex.PW1/5 (OSR).
6. Copy of the letter
record shows that the suit was filed on
17.04.2004, the temporary overdraft facility was given to the
defendants by the plaintiff bank ... working as Branch Manager at the relevant time
granted the temporary overdraft facility to defendants on their oral
request in accordance with the formal banking
through partners defendant no.2 and 3 have
availed the temporary overdraft facility of Rs 2 lakhs from the plaintiff
bank to meet the business ... requested the plaintiff bank for grant of temporary overdraft
facility and on the basis of assurances made by defendants, plaintiff
bank agreed to their request
