SYNDICATE BANK BANGALORE Vs. R VEERANNA

JUDGEMENT

(1.) This appeal is preferred by the appellant who was the plaintiff in the trial court under Section 96 of CPC against the decree and judgment dated 27-8-1986 passed by the II Additional City Civil Judge, Bangalore City, in O.S. No. 8174 of 1980 in not decreeing the suit of the appellant in respect of the interest as prayed for by it.

(2.) We have heard the learned counsel for the appellant andthe learned counsel for the respondents and perused the records of the case fully.

(3.) The appellant as a plaintiff filed the suit for the recovery ofa sum of Rs. 5,70,324.15 in respect of the loan Account No. OSL 27/72; a sum of Rs. 7,91,203.35 in respect of the loan Account No. OSL 20/73 and a sum of Rs. 2,53,563.55 in respect of the over-draft facility availed by the respondent in SOD Account No. 248, dated 6-1-1975. The defendants resisted the suit on several grounds including the ground regarding charging of interest as done by the plaintiff. The trial court has decreed the suit of the appellant for Rs. 9,82,963.47 with current interest at the rate of 11% p.a. from the date of suit on the balance amount of Rs. 2,48,502.57 under the 1st account and the balance amount of Rs. 4,60,137.20 under the second account and on the balance of Rs. 2,35,843.70 under the overdraft facility loan account availed by the respondents.