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1999 Supreme(Ker) 216

C.S.RAJAN, A.S.VENKATACHALA MOORTHY
Pushpangadan – Appellant
Versus
The Federal Bank Ltd. – Respondent


Judgment :-

C.S. Rajan, J.

The first respondent is the plaintiff in the suit filed for recovery of the money advanced by the Bank to the appellant on account of a loan he took for agricultural purposes. According to the plaintiff, as per the terms of the loan, the amount was repayable on demand within twelve months in a lump sum with interest at 16.5% at quarterly rests. As a security for the advance, the appellant executed a demand promissory note in favour of the Bank. He also executed a hypothecation agreement in favour of the Bank. A collateral security was also offered as equitable mortgage in respect of the scheduled property by depositing the title deed.

2. The appellant contended in his written statement inter alia, that (he action of the Bank in charging interest at the rate of 16.5% per annum was unauthorised and illegal. The directions issued by the Reserve Bank of India to the Scheduled Banks in the matter of charging interest for loans are binding on the Bank. According to the above circumstances, the Bank is precluded from charging interest on agricultural loans in excess of 13.5%. Therefore, it was contended that the agreement to pay interest at the rate of 16.5% per a

















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