SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

1991 Supreme(Ker) 79

K.P.BALANARAYANA MARAR
Dhanalakshmi Bank Ltd. – Appellant
Versus
K. K. Jose alias Jose Mohan – Respondent


Advocates:
C.M. Devan, Adv., for Petitioner; T.I. Daniel, Adv., for Respondents.

JUDGMENT:-

Plaintiff in a suit for realisation of money is the appellant.

2. The suit O. S. 595/81 before Sub Court, Ernakulam was filed by plaintiff for realisation of an amount of Rs. 17,427.77 due from defendant under a key loan transaction. A promissory note was executed by defendant on 11-12-1978 for Rs. 12,000/- and an instrument of pledge, of goods was also executed on the same day. The balance amount due was not paid in spite of a registered notice and hence the suit.

3. Defendant admitted the execution of the promissory note and the instrument of pledge, but contended that he had not received any consideration for the promissory note and that the documents were executed at the instance of the bank officials. He contended that the key loan transaction was entered into at the time of closure of a gift scheme sponsored by the plaintiff bank known as "Grihalakshmy Gift Scheme" as part of plaintiff's deposit mobilisation scheme. The washing machines pledged with the bank under Ext.A2 did not belong to defendant and he had no responsibility of selling those machines and to discharge the amount covered by Ext.A1. Defendant disclaimed liability to pay any amount.

4. Both parties pro



























Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top