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1995 Supreme(Mad) 742

S.S.SUBRAMANI
Indian Overseas Bank – Appellant
Versus
Mrs. V. Vaijayanthimala & others – Respondent


Advocates:
Nalini Chidambaram for M/s. Rathina Ashokan and others f or Plaintiff. Mr. P.H. Pandian, Senior Counsel for P.H. Manoj Pandian for Defendants.

Judgment :

1. This suit is filed by a Nationalised Bank for recovery of a sum of Rs.74,81,271.40P. together with interest at 25% per annum with quarterly rests by sale of the mortgage properties and also personally from the defendants.

2. The facts which are not disputed are, that the first defendant availed financial assistance from the Bank of Tamil Nadu which is now merged with the plaintiff-Bank. It is said that as per three financial facilities of Rs.5,50,000 Rs.7,50,000 and Rs. 1,77,000 amountswere due from the defendants. It is also said that an equitable mortgage has been created by deposit of title deeds by defendants 2 and 3. The facilities were availed for construction of a cinema theatre and for purchase of machineries for the same. It is also averred that the contract rate of interest was 19 1/2% per annum with quarterly rests. Since the Bank is supervised and controlled by the Reserve Bank of India, they are bound to implement the rates of interest as revised from time to time. It is said that from 14. 1982 till 7. 1991 the defendants are liable to pay interest at 91/2% per annum with quarterly rests and from 7. 1991 they are (plaintiff) entitled to calculate interes


























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