P BALAN Vs. CENTRAL BANK OF INDIA CALICUT

JUDGEMENT

(1.) The 1st defendant in O.S. 274/97 of the Sub Court, Kozhikode challenges the order passed in I.A. 6076/98 filed by him in the case. The request of the petitioner is that the plaintiff in the suit be called upon to answer the interrogatories presented by him. The court below dismissed the petition with the following observations:

(2.) The respondent herein filed the suit seeking recovery of a total sum of Rs. 4, 29, 345.23 from the defendant allegedly due on a term loan of Rs. 30,000 given on 22nd August 1981 and a cash credit transaction of Rs.30.000 allowed on the same date. The petitioner admitted his signatures in the relevant documents including the confirmation letter produced by the plaintiff, but contended that it was a document concocted using one of the signed blank papers which the petitioner was compelled to sign at the time of release of the loans. He challenged the statement of accounts and calculation of interest and even the admissibility of the interest claimed by the plaintiff. According to him, only 12 per cent interest was payable.

(3.) The interrogatories put forth included questions as to the exact amount of the loans; the precise rate of interest calculated; whether Interest was enhanced at any time and if so at what rate; whether the 1st defendant has paid up any amount towards the loan and if so on which all dates; whether the amounts mentioned in the statement "of account included anything other than the principal and interest; whether the loans in question were disbursed pursuant to any, .specific scheme introduced by the Government and whether the plaintiff's concern is accepted by the plaintiff as a small scale Industry duly registered under the law. The plaintiff opposed the petition pointing out that the plaintiff himself knows the answers to most of these questions and that they are unnecessary and intended only to delay the trial of the suit. It was in this background that the aforesaid order was passed.