D S GOWDA Vs. CORPORATION BANK

JUDGEMENT

(1.) This appeal is directed against the judgment and decree dated December 12, 1980, passed by the City Civil Judge, Bangalore City, in O.S. No. 2530 of 1980.

(2.) The appeal raises some questions of considerable importance as to the constraint on banking institutions to charge interest on loans/advances/overdrafts or any other financial accommodation and the power of courts to examine the rigour of such transaction and give relief to the debtor by calling into aid the usury enactments.

(3.) The facts, in brief, are these : One D. S. Gowda was allotted a site No. 132/4 at Rajamahal Vilas Extension, Bangalore, by the Bangalore Development Authority. He wanted to construct some residential flats in that site. He approached M/s. Corporation Bank", readily acceded to his request and gave advance and overdraft facilities. D. S. Gowda took the loan and commenced construction. The loan sectioned was perhaps found insufficient. So, he could neither finish the building nor repay the loan.