ORDER

Heard learned counsel for the parties.

2. This appeal is by the plaintiff-Bank aggrieved by the impugned judgment 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 total amount of Rs. 16,15,091.05 against the defendants. The appellant advanced loan of three kinds to the defendant No. 1 and defendant Nos. 2 and 3 were the guarantors. When the defendants failed to make payment of the amount borrowed, the plaintiff was constrained to file the suit. The defendants resisted the claim of the plaintiff on various grounds. In view of the pleadings of the parties, the trial court framed the following issues:-

"1. Whether defendants have agreed to pay interest at 5% per annum above the Reserve Bank of India rate subject to minimum of 11% per annum, to be compounded quarterly?

2. Whether the interest claimed is highly excessive and exorbitant under the Usurious Loans Act?

3. Whether plaintiff is not entitled to more than Rs.21,500/- as service charges?

4. Whether defendants have acknowledged the debts and i