N SAILESWARAN Vs. ING VYSYA BANK LIMITED

JUDGEMENT

(1.) THE Petitioner/Appellant has filed this Petition for return of documents Exs.A.7 to A.22.

(2.) THE Respondent-Plaintiff Bank has filed the suit for recovery of a sum of Rs.9,77,558/- together with interest at the rate of 21.5% with quarterly rests from 06.12.1995 till the date of realisation and in default to pass final decree for sale of mortgaged properties described in 'B' schedule and in case the sale proceeds is not sufficient to satisfy the decree by passing personal decree against the Appellant-Defendant. THE trial Court decreed the suit for Rs.9,77,558/- with subsequent interest at the rate of 21.5% from the date of suit till the date of realisation and passed preliminary decree. Trial Court also directed the Defendant to pay suit costs. THE appeal in A.S.No.933 of 2004 arose out of the decree and judgment in O.S.no.11 of 2002 decreeing the Respondent/Plaintiff Bank's suit and directing the Appellant/Defendant to pay a sum of Rs.9,77,558/- along with contractual rate of interest at 21.5% p.a. from the date of suit till the date of realisation.

(3.) LEARNED counsel for petitioner Mr.S.Ramanarayan submitted that since the Petitioner/Appellant has paid the entire suit claim of Rs.26,87,347/- and also cost and therefore, the petitioner is entitled to return of documents - Exs.A.7 to A.22.