Advocates:
['M/S K JAGANNADHA RAO', '', 'UMESH RAO', 'M/S K CHANDU SURANJAN', '', 'N MUTHUKUMARAN', 'FOR SOLE RESPT']

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 20.02.2020

CORAM

THE HON'BLE MR.JUSTICE S.M.SUBRAMANIAM

A.S.No.140 of 2012

and

M.P.No.1 of 2012

K.Sundar

...Appellant/Defendant

Vs.

Indian Bank,

Egmore Branch,

Rep. by its Asst. General Manager,

Somayajee,

No.8, Sait Colony,

Egmore,

Chennai - 600008.

...Respondent/Plaintiff

Prayer: Appeal Suit filed under Section 96 of CPC to set aside

the Decree and Judgment dated 31.08.2009 made in

O.S.No.8127/1996 on the file of Additional District and

Sessions Judge, II Fast Tract Court, Chennai and allow the

Appeal herein.

For Appellant

: Mr.K.Umesh Rao

For Respondent : Mr.K.Chandu Suranjan

JUDGEMENT

The Appeal Suit is filed against the Judgement and Decree

dated 31.08.2009 passed in O.S.No.8127 of 1996. The defendant

is the appellant in the Appeal Suit and the

respondent/plaintiff instituted a suit for recovery for a sum

of Rs.5,35,797/- together with interest at 17.5% p.a. from the

date of plaint till the date of realisation with quarterly

rests and for costs.

2.The facts in nutshell in the plaint are that the

defendant had approached the plaintiff's Bank and borrowed a

sum of Rs.3,40,774/- on 22.05.1990 as v