A. THIMMAPPA BHAT Vs. SYNDICATE BANK

JUDGEMENT

(1.) A.S. No. 945 of 1998 arises from O.S. No. 63 of 1995 of the Subordinate Judge's Court, Kasargod. The appeal is filed by the defendant in the suit. The suit was filed for a declaration that no amounts are due from the plaintiff-borrower to the defendant-Bank under the loan transaction with the Bank with an alternate prayer to determine the correct amount due under the transaction and for refund of the excess amount if any paid by the borrower towards the loan account. A memorandum of Cross Objection is filed by the borrower challenging that part of the relief that was denied to him.

(2.) R.F.A. No. 331 of 2003 which was originally filed before the District Court, Kasargod as A.S. No. 118 of 1998 arises from the decree and judgment in O.S. No. 13 of 1997 of the Subordinate Judge's Court, Kasargod filed by the Bank as plaintiff against the borrower and guarantors. The suit was one for recovery of amounts due under the loan transaction.

(3.) The borrower who is the plaintiff in O.S. No. 63 of 1995 and 1st defendant in O.S. No. 13 of 1997 availed credit facility from the Bank for purchase of a bus. The borrower claims that he has paid excess amounts in the loan account than what was actually payable, that the accounts are not correct, that the interest claimed is exorbitant and that other charges not payable by the borrower have been debited to the account.