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1999 Supreme(AP) 730

Y.V.NARAYANA
Andhra Bank, Nuzvid – Appellant
Versus
Atluri Sesharao – Respondent


I. VENKATANARAYANA, J.

( 1 ) THE plaintiff-Nationalized Bank is the appellant before this Court. The suit OS No. 45 of 1984 was filed by the plaintiff on the file of the learned Subordinate Judge, Nuzvid for recovery of a sum of Rs. 25,160. 00 based on a mortgage. The trial Court decreed the suit with subsequent interest thereon at 12% per annum from 28-12-1984 till the date of realisation. The trial Court also granted the benefit of Act 4 of 1938 and scaled down the interest on the loan. Hence the appeal.

( 2 ) FOR the sake of convenience the parties to this appeal would be referred to in accordance with their status before the trial Court.

( 3 ) THE only question that falls for consideration in this appeal is:whether in view of insertion of Section 21-A in the Banking Regulation Act, 1949 by Banking Law (Amendment Act 1983) (Act 1 of 1984) Courts are precluded from subjecting transactions entered into between the Banks and borrowers from scrutiny under the provisions of Act IV of 1938 or Usurious Loans Act 1918 with a view to giving relief thereunder and if so, whether such relief is permissible?while decreeing the suit of the plaintiff-Bank, the trial Court has held that the def





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