THE HIGH COURT OF KARNATAKA
V SRISHANANDA
SRI DEEPAK KANTHILAL JOSHI – Appellant
Versus
FEDERAL BANK LTD – Respondent
ORAL JUDGMENT
Defendants in O.S.No.6567/2000 are the appellants, challenging the judgment and decree passed in the said suit for recovery of the loan amount granted by the respondent/plaintiff.
2. Parties are referred to as plaintiff and defendants as per their original ranking before the trial Court.
3. Operative portion of judgment and decree of the trial Court reads as under:“The suit of the plaintiff is hereby decreed against the defendants 1 and 2 with costs. The defendants 1 and 2 are hereby directed pay a sum of Rs.5,98,974/- to the plaintiff bank together with interest @ 12% p.a from the date of filing of the suit till today on the principal amount and 6% p.a on the decretal amount from today till the date of realisation.The defendants 1 and 2 are given time of six months to pay the decretal amount. In case of failure on the part of the defendant Nos.1 and 2 to pay the suit claim to the plaintiff bank, the plaintiff bank shall be at liberty to bring the schedule property for sale to realise the suit claim. In case the proceeds of the sale were to fall less to the suit claim, the plaintiff bank shall be at liberty to proceed personally against the defendants 1 and 2.
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