Supreme Court of India

Bank of Bihar Ltd. v. Damodar Prasad & Anr.

Neutral citation

Reported as [1969] 1 S.C.R. 620

Bench S.M. Sikri J.

Decided 8 August 1968

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

5 Supreme Court benches have cited this judgment.

What the Court ordered

In the result, the appeal is allowed, the direction of the court· below that the "plaintiff-bank shall be at liberty to enforce its dues in question against defendant No. 2 only after having ex hausted its remedies against defendant No. 1" is set aside.

Judgment, page 4

From the headnote

K. K. Sinha, for respondent No. 2. The Judgment of the Court was delivered by Bachawat, J. The plaintiff Bank lent moneys to defendant No. 1 Damodar Prasad on the guarantee of defendant No. 2 Paras Nath Sinha. On the date of the suit Damodar Prasad was indebt ed to the plaintiff for Rs. 11,723.56 nP on account of principal. and Rs. 2, 7 69. 3 7 nP on account of interest. In spite of demands neither he nor the guarantor paid the dues. The plaintiff filed a suit against them in the Court of the Subordinate Judge, 1st Court, Patna claiming a decree for the amount clue. The Trial Court decr~d

Where later benches applied it

2010 United Bank of India v. Satyawati Tondon and Others relied on
2026 Canara Bank Overseas Branch v. Archean Industries Private Ltd. referred to
2021 Lalit Kumar Jain v. Union of India & Ors. referred to
2021 Laxmi Pat Surana v. Union Bank of India & Anr. referred to
2009 Industrial Investment Bank of India Ltd. v. Bishwanath Jhunjhunwala referred to

Of those, 1 relied on · 4 referred to

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