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1989 Supreme(Mad) 632

THANIKKACHALAM, RATNAM
Syndicate Bank – Appellant
Versus
Swadesamitran Limited – Respondent


Appearing Advocates:S. Kannan, G. Subramaniam, Advocates.

Judgment :-

RATNAM J.

The successful plaintiff in C. S. No. 472 of 1984 has preferred this appeal feeling aggrieved by the judgment and decree of the learned judge determining the rate of interest payable by the first defendant, the respondent herein, at 13% per annum from the date of plaint till the date of payment. The plaintiff instituted the suit, C. S. No. 472 of 1984, praying for the recovery of a sum of Rs. 15, 94, 294.60 with interest thereon at the rate of 18% per annum with quarterly rests from the date of plaint till the date of payment. On September 1, 1972, the appellant advanced to the respondent herein a loan of Rs. 6, 00, 000 carrying interest at 5% over the bank rate with a minimum of 11% per annum to be calculated with quarterly rests and as security for the due repayment of the amount so advanced, the respondent deposited its title deeds relating to "A" schedule properties in the plaint, in addition to offering the "B" schedule assets also as such security.

Several defences were raised by the respondent herein. Having regard to the limited dispute in this appeal, viz., the rate of interest payable by the respondent between the date of suit and the date of decree, i



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