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1997 Supreme(AP) 963

C.V.N.SASTRY
Andhra Bank, Chilakaluripet – Appellant
Versus
Inturi Narayana – Respondent


C. V. N. SASTRY, J.

( 1 ) THIS appeal filed by the Andhra Bank, Plaintiff in the suit, relates to the question of interest only. While decreeing the suit, the trial Court scaled down the interest as per Act IV of 1938 on the ground that the defendants are agriculturists. It is the settled position that after the introduction of section 21-A in the Banking Regulation Act, 1949 by amending Act 1 of 1984 courts have no power to scale down the interest in respect of debts due to banks. A Full Bench of this Court in State Bank of Hyderabad vs. Advath Sakru considered this question elaborately and held that Section 21-A of the Banking regulation Act, 1949 applies to all transactions entered into between the banking company and its debtor whether the transaction was entered into prior to its commencement or after and that Section 21-A applies to pending appeals irrespective of the fact whether a decree was passed giving relief to the debtor or not. It was also held that Section 21-A makes no distinction between an advance made for agricultural purpose or for commercial purpose and it equally applies to both. It was further held that the provisions of usurious Loans Act, 1918 (Act 10 of 191


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