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1993 Supreme(HP) 4

DEVINDER GUPTA, LOKESHWAR SINGH PANTA
M/s. J. S. Tins Fabricators – Appellant
Versus
U. Co. Bank – Respondent


Advocates Appeared:
M/s. M. S. Sethi and Dharam Chand, for Appellants; R. L. Sood, for Respondent.

Judgement

DEVINDER GUPTA, J. :- The order passed on 30th April, 1992 by the learned single Judge of this Court in OMP No. 398/91 is under challenge in this appeal at the behest of defendants.

2. On 24th February, 1988 the plaintiff-bank filed suit for recovery of Rupees 2,46,116.25 paise against the defendants alleging that at the request of defendants certain loan facilities were provided to them, which they availed of and despite demands failed to liquidate their liability. A decree for the aforesaid amount along with future interest has been claimed in the suit.

3. The suit was resisted by the defendants, who filed their written statement on 17th May, 1989. While admitting the fact that loan facility was availed of by them, it was averred that the rate of interest agreed to was to the tune of 151/2% per annum and not 171/2% per annum because as per the agreement the interest payable was to be as per the norms of the Reserve Bank of India issued regarding the Small Scale Industrial Units from time to time. The rate of interest as per the Reserve Bank of India guidelines was 151/2% per annum at that time. It was also averred that the defendants became irregular in repayment of loan i



























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