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1995 Supreme(Mad) 977

GOVARDHAN
Central Bank of India rep. by Branch Manager having Office – Appellant
Versus
R. Maruthappa Gounder – Respondent


Judgment :-

1. Plaintiff is the appellant

2. The averments in the plaint are as follows:

The first defendant has mortgaged his lands in favour of the plaintiff Bank for Rs. 15,000/- on 6.11.1989. He had also executed a promissory note on the same date in favour of the plaintiff promising to repay the amount with interest at the rate of 4% over the Reserve Bank of India rate subject to a minimum of 9% per annum. He has also hypothecated the crops. The defendants have committed default in payment of instalments of the loan and the interest on due dates. First defendant has failed to repay the amount in spite of repeated demands. Hence the suit.

3. The first defendant has filed a written statement contending as follows: The plaintiff is not entitled to claim compound interest. The first defendant did not execute any document of renewal. No confirmation letter was also executed by him. Interest claimed is excessive and usurious. The suit is barred by limitation.

4. The parties went for trial on the question of interest alone before the trial Court. The trial Court has held that the plaintiff is entitled to a decree for Rs. 15,000/- with interest thereon at 9% per annum from the date of l








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