B.P.JEEVAN REDDY, K.A.SWAMI
YOGENDRANATH RAJ (DIED) – Appellant
Versus
State BANK OF INDIA HAVING ITS CENTRAL OFFICE AT BOMBAY AND ONE OF THE LOCAL OFFICES AT SHAMSHEERGUNJ, HYDERABAD REPRESENTED BY ITS BRANCH MANAGER SRI P. SUBRAHMANYAM – Respondent
( 1 ) TWO questions of law arise in this appeal, viz. , whether the expressions "agriculture" and "agriculturist" in their ordinary sense include "horculture" and "horticulturist" and whether Section 21-A of the Banking regulation Act, 1946, which came into force with effect from 31-6-1984. applies to appeals pending on that date ? Section 21-A declares : "notwithstanding anything contained in the Usurious Loans act, 1918, or any other law relating to indebtedness in force in any state, a transaction between a banking company and its debtor shall not be re-opened by any Court on the ground that the rale of interest chafged by the banking company in respect of such transaction is excessive" factual matrix :
( 2 ) DEFENDANTS are the appellants. The respondent, State Bank of india, filed the suit for recovery of a sum of Rs. 2, 35, 927. 86 Ps. with interest at the rate of 14% per annum on the said amount from the date of suit till realisation. The Bank s claim, in short is the following : the 1st defendant (2nd defendant is the wife of the 1st defendant) was given an overdraft facility, as also term-loan facility by the plaintiff-Bank. The 1st defendant executed a mortg
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.