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1998 Supreme(Mad) 1183

S.S.SUBRAMANI
R. Srinivasan – Appellant
Versus
The Special Officer, Vathalagundu Co-operative Urban Bank, Vathalagundu, Dindugul District – Respondent


Advocates Appeared:
For the Petitioner:V. Raghavachari, Advocate.
For the Respondent: Hidayathullah, Additional Government Pleader.

Judgment :-

1. The Counter Petitioner in a Claim in A.R.C. No. 4731 of 1990 on the file of the Respondent is the Revision Petitioner herein. This revision is filed under Article 227 of the Constitution of India, challenging the concurrent findings by the authorities below.

2. The petitioner executed a simple mortgage in the Co-operative Bank on 9.6.1982 for Rs. 18,500/-. He defaulted in payment in 1990. The Bank, on issuing notice, filed dispute for recovery of Rs. 19,372.95 with subsequent interest and costs. Out of the said amount, a sum of Rs. 14,560/- was the principal and the balance towards interest, except an amount of Rs. 37/-, which was the cost of notice.

3. An award was passed against the petitioner as prayed for and he was made liable to pay interest at 10.5% from 1.7.1987 i.e. , the date of default till date of payment. The matter was taken on appeal before the lower appellate authority, and without success, the appeal was dismissed. The concurrent finding is now challenged in this revision.

4. The main contention that has been raised by the learned counsel for the petitioner is that in the Written Statement, he has taken a contention that huge amount is due to him towa














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