SYNDICATE BANK Vs. DASHRATH NARAHARI NARVEKAR

JUDGEMENT

(1.) Letters Patent Appeal No. 7 of 1989 and Letters Patent Appeal No. 25 of 1990 are arising out of the same proceedings and we are disposing of the same by a common judgment.

(2.) Letters Patent Appeal No. 7 of 1989 is filed by the present appellant against the judgment and decree passed by the single judge of this court (*), in First Civil Appeal No. 16 of 1987 whereby the single judge of this court set aside the judgment and decree dated October 30, 1986, passed by the Civil Judge, Senior Division, Mapusa. A few facts which are material for the disposal of both these Letters Patent Appeals are as under :

(3.) The appellant in this case is the original defendant-bank. The respondent/original plaintiff filed a suit, being Suit No. 123 of 1986, before the Civil Judge, Senior Division, Mapusa. The plaintiff/present respondent contended that the defendant bank advanced a loan of Rs. 1,12,000 to the plaintiff by way of loan for purchase of a second hand Leyland bus in the year 1978. [ * = See Dasharath Narahari Narvekar v. Syndicate Bank . ] Since there were few defaults, the defendant-bank filed a suit, being Special Civil Suit No. 179 of 1983 before the Civil Judge, Senior Division at Mapusa for recovery of the loan advanced to the plaintiff. The said suit was ultimately decreed but the bank preferred a first appeal to the High Court feeling aggrieved by the order of the trial court as regards the interest. The said first appeal is pending before this High Court.