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1986 Supreme(AP) 264

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


JEEVAN REDD, J.

( 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
































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