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2021 Supreme(Kar) 766

KRISHNA S.DIXIT, PRADEEP SINGH YERUR
Munivenkata Swamy @ M. V. Swamy S/o Muniswamy – Appellant
Versus
Cham Lukking Pvt. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Appellants : A.S. Ponnanna, Y.V. Raviraj, R.M. Kulkarni.
For the Respondents: M.V.V. Ramana, G.S. Kannur, A.S. Patil.

JUDGMENT :

1. These appeals by the borrower and the guarantors seek to lay a challenge to the Judgment and Order dated 20.03.2013, whereby the learned District Judge, Uttara Kannada, Karwar having favoured lenders Miscellaneous Case No. 5/2008 filed under Sections 31(1) and 32 of the State Financial Corporation Act, 1951, has held them liable to pay a sum of Rs. 8,75,63,691/- with current interest at the rate of 18.5% p.a. and another sum of Rs. 1,85,74,890/- with interest at the rate of 21% from the date of petition, with post judgment interest at the reduced rate of 15% p.a.

2. After service of notice, the respondent lender i.e. Karnataka State Industrial Investment and Development Corporation Ltd. (hereafter ‘KSIIDC’) having entered appearance through its counsel resisted these appeals making submission in justification of the impugned Judgment and Order and the reasons on which they have been constructed. Learned Sr. Adv. Shri G.S. Khannur taking the Court through the LCR contends that, though the challenge lies both in law and facts, the Court below having considered the pleadings of the parties and the evidentiary material borne out from the records has entered the subject Judg

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