M A PARTHASARATHY Vs. BANK OF BARODA

JUDGEMENT

(1.) THIS appeal by the 1st defendant in OS no. 4307/1987 is directed against the Judgment and Decree dated 7-7-2000 where under the Court below has partly decreed the suit of the plaintiff-Bank of Baroda and while so decreeing the suit for Principal amount of Rs. 73,2000/-, has allowed interest at the rate of 15% per annum on this amount from 1-12-1985 onwards till the satisfaction of the decree and further directed that the plaintiff-Bank should first proceed against the 1st defendant for realisation of the decretal amount.

(2.) IT is aggrieved by this Judgment and Decree, the appeal by the 1st defendant on several grounds, inter alia, that the 1st defendant, in fact, was not liable for payment of any money to the Bank; that having regard to the subsequent developments and particularly the conduct of the parties including the Bank, the 1st defendant had been absolved of his liability if any; that the Judgment and Decree if at all should have been only as against the 2nd defendant etc. ,.

(3.) THE plaintiff-Bank also has filed cross objections, inter alia, contending that the trial Court should not have issued any direction to the plaintiff about the manner of execution of the decree and also on the disallowed part of the interest on the Principal amount.