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

2016 Supreme(Ker) 421

V.CHITAMBARESH, K.HARILAL
General Constructions – Appellant
Versus
South Indian Bank Limited – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Sri. T. Sethumadhavan, Sri. T.K. Vipindas, Smt. P.K. Priya, Smt. Moncy Francis, Sri. K.V. Sree Vinayakan
For the Respondent: Sri. S.V. Balakrishna Iyer, Sri. P.A. Augustine (Areekattel)

JUDGMENT :

Chitambaresh, J.

The component of interest has become disproportionate to the component of the principal sum actually advanced more so because of the pendency of this Appeal Suit for 20 long years.

2. The appellants who are the partnership firm and its partners availed two overdraft facilities of Rs.2,00,000/- each and a fully secured loan of Rs.1,72,000/- from the respondent Bank. The agreed rates of interest for the two overdraft facilities were 17% per annum and 19.5% per annum and that for the fully secured loan was 19.5% per annum. The stipulation as regards the rates of interest were incorporated in the various loan documents evidenced by Exts.B6, B13, B31, B36 and B49. The court below has decreed the suit for a sum of Rs.13,57,642/- which includes the sum of Rs.5,72,000/- towards the principal and Rs.7,85,642/- towards the interest. It is a conceded fact that the component of interest did exceed the component of the principal sum even on the date of the suit or the decree. The court below has awarded interest at the rate of 15% per annum from the date of suit and the amount now due under the decree has swelled upto a whopping sum of Rs.59,66,653/-.

3. The only ground












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