KARISHMA RAJ Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) IN this second appeal, appellants assail a decree of Rs.2,05,020.19/ - suffered by them in respect of an educational loan of Rs.4 lacs taken by appellant No.1 way back in August, 2005. Trial court vide its judgment of 25th January, 2012 had also decreed counter -claim of appellants for a sum of Rs.33,938/ -. Enhancement of counter -claim decree to Rs.5,95,000/ - with interest @ 11% per annum and litigation cost of Rs.2 lacs is also sought by appellants in this appeal. Appellants have also sought a direction to respondent -Bank to erase CIBIL Report from the records. First appellate court vide impugned judgment of 19th February, 2013 has reaffirmed trial court's judgment of 25th January, 2012 decreeing the respondent's suit and the counter -claim of appellants as referred to hereinabove.

(2.) THE factual basis of this case, as already noticed in the impugned judgment, is as under: -

(3.) ON behalf of respondent -plaintiff Bank, its then Manager (Loans) -Mr. Subodh Verma (PW -1) has deposed and appellants -defendants have deposed to resist the suit of recovery filed by respondent -Bank and to support their counter -claim. The crux of deposition of the witnesses as noticed by trial court in its judgment of 25th January, 2012 is as under: -