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R.A.MEHTA
SEVEN BROTHERS, AHMEDABAD – Appellant
Versus
PUNJAB NATIONAL BANK, AHMEDABAD – Respondent


Advocates:
Counsels :
Shri Bhargavaram, Advocate—For the Appellants.
Shri N.K. Karnat, Advocate—For the Respondent Bank.

JUDGMENT

1. Incorrect calculation of interest inspite of the findings in favour of the Defendants is the subject matter of this Appeal preferred by the Defendants.

2. There is no dispute that Term Loan and Cash Credit facilities sanctioned by the Applicant Bank on 6.9.89 as per the terms and conditions of the said sanction letter were availed of by the Defendants from time to time. The agreed rate of interest as per the sanction letter appearing on page 76 of the appeal paper book was 15% and 17% respectively.

3. It was alleged by the Bank that the Defendant committed breach of the agreement and did not pay the dues in spite of two demand notices dated 6:2.92 and 13.7.93 respectively. The Bank had therefore filed Suit No. 995/94 on 28.2.94 in the City Civil Court Ahmedabad from where it was transferred to Debts Recovery Tribunal, Ahmedabad under the provisions of Recovery of Debts Due to Banks and financial Institutions Act, 1993.

4. The Defendant resisted the claim and denied their liability to pay any amount particularly on compliance with the direction issued by the High Court in Sp. Civil Application No. 1517/95 on 29.3.95. By this order the defendants were directed to deposit























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