: 1 : IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION SUIT SUIT SUIT NO. 549 OF 1991 NO. 549 OF 1991 NO. 549 OF 1991 Union Bank of India. ... Plaintiffs. V/s. M/s. Food Holdings (Bombay) Pvt. Ltd. & Ors. ... Defendants. Mr. C.D. Patel with Mr. N.S. Fadia for the Plaintiff. None for the Defendants. CORAM CORAM CORAM : DR. D.Y. CHANDRACHUD,J. : DR. D.Y. CHANDRACHUD,J. : DR. D.Y. CHANDRACHUD,J. 18TH 18TH 18TH JULY 2007. JULY 2007. JULY 2007. P.C. P.C. P.C. :- :- :- . The following issues are settled :- (i) Whether the Plaintiffs prove Plaintiffs are entitled to recover the amounts mentioned in prayer clauses a, b and c of the plaint together with further interest thereon ; (ii) Whether the Plaintiffs prove that the Defendants executed documents to secure their outstandings in respect of Cash Credit Hypothecation Account, Term Loan Account and : 2 : Overdraft against Hypothecation of Book Debts Account as stated in paras 5 to 9 and 11 of the plaint; (iii) Whether the Plaintiffs prove that Defendant Nos. 2 and 3 are Guarantors for the facilities granted by the Plaintiffs to Defendant No.1; (iv) Whether Defendants No. 1 to 3 prove that the Plaintiffs have not given due credit for a sum of Rs.33,470.20 in respect of Term Loan Account, Rs.18,857.10 in respect of Cash Credit Account and Rs.14,340.25 in respect of Overdraft Facility; (v) What order and decree ? 2. The affidavit of documents and affidavit in lieu of examination in chief shall be filed on or before 8th August 2007. To be listed on board for recording of evidence on 16th August 2007. ----