BANK OF BARODA, CHICKMAGALUR Vs. M.N. SOMASHEKAR

JUDGEMENT

(1.) This is a civil revision petition filed under Sec. 18 of the Karnataka Small Cause Courts Act, 1964, against the judgment and decree dated 22-11-1997 passed by Sri C.G. Hungund, Civil Judge, Chickmagalur, in S.C. No. 334 of 1994, whereby the Trial Court decreed the plaintiffs claim in part to the extent of Rs. 8,127.00 with interest at the rate of 24.75% p.a. from 28-7-1992 on periodical balance till 17-10-1992 and on the decretal sum of Rs. 8,127.00 from 17-10-1992 till the date of suit with proportionate costs. The Trial Court also decreed the future interest at the rate of 24.75% on the decretal sum from the date of suit till the date of realisation. The Trial Court dismissed the rest of the claim of the plaintiff-revision petitioner.

(2.) The facts of the case in Nut'shell are:

(3.) The defendant-respondent appeared. and filed the written statement admitting the fact that he availed 'Bobcard' facility for monthly withdrawal of Rs. 5,000.00 as granted by the plaintiff-Bank subject to the terms and conditions of the said application. The defendant resisted the suit contending that the entries made in the account extract produced along with the plaint are misleading and incorrect. The defendant further stated that the entry to the effect that he had withdrawn Rs. 5,000.00 shown in the account extract dated 13-10-1992 and the said entry is wrong. The defendant further alleged that in spite of repeated requests the plaintiff-Bank did not furnish the true and correct statement of accounts. The defendant asserted that the outstanding balance shown in the statement of accounts as Rs. 18,921.00 or Rs. 19,401 as stated in paragraph 6 of the plaint are not admitted and are not correct. No doubt, in the written statement, it is stated that the Court below has been pleased to pass the decree for the amount legally due. The Trial Court framed the following points for consideration: