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2016 Supreme(Ker) 1413

V CHITAMBARESH, K.RAMAKRISHNAN
Federal Bank Ltd – Appellant
Versus
C. K. Jayapalan – Respondent


JUDGMENT

K. Ramakrishnan, J.

1. The plaintiff in O.S.No.41/1993 on the file of the Sub Court, Mavelikkara is the appellant in A.S.No.354/1999 and the plaintiff in O.S.No.40/1993 on the file of the same court is the appellant in A.S.No.457/1999. O.S.Nos.40/1993 and 41/1993 were filed by the plaintiff M/s.Federal Bank, Mankamkuzhy branch originally against defendants 1 and 2 for realization of amount due under a loan agreement. The first defendant along with one Purushothaman availed a loan of Rs.1,03,000/- each under two loan arrangement for purchasing two new Deluxe Diesel Ambassador Cars and applied for the same and the same was granted and they have jointly executed a medium term loan agreements on 30.1.1990 hypothecating the vehicles which will be purchased by the defendants using the amount in favour of the plaintiff bank. Purushothaman died on 5.8.1991 and his legal representative, his mother was the second defendant in the case. They had agreed to pay interest at the rate of 12.5% with additional interest of 2% over and above 12.5% in case of default in payment of installment and process fee of .05% per annum. They had also undertaken that they will pay the interest rate subjec

































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