DASHARATH NARAHARI NARVEKAR Vs. SYNDICATE BANK

JUDGEMENT

(1.) THIS appeal is directed against the judgment and decree dated October 30, 1986, whereby the learned Civil Judge, Senior Division, Mapusa, dismissed the suit for damages filed by the appellant.

(2.) THE suit has been filed on the ground that the respondent-bank advanced a sum of Rs. 1,20,000 to the appellant by way of a loan for the purchase of a second-hand Leyland bus bearing registration No. GDS-1512, somewhere in the year 1978. The respondent-bank filed a civil suit in the Court of Civil Judge, Senior Division, Mapusa, being Special Suit No. 179 of 1983, for recovery of money arising out of the said transaction. The said suit is pending and inspite of this pendency, the appellant paid to the bank more than Rs. 35,000 on the said account ; that the delay in the payment of the amount to the bank was due to various factors beyond the control of the appellant, namely, want of a permanent permit to ply the said bus, accident and frequent breakdowns. He, therefore, requested the bank to compromise the suit. He submitted a proposal whereby he suggested that the interest be reduced. The bank however, did not agree. In the meanwhile, on the expiry of his temporary permit, the appellant applied for renewal on october 31, 1985, to the Regional Transport Authority. However, he was refused the permit on the grounds that the respondent had requested in writing not to grant any permit without a no-objection Certificate being obtained from the bank. This refusal of the permit due to the acts of the respondent caused a loss of Rs. 200 per day for a period of 61 days to the plaintiff. Hence, the suit.

(3.) THE suit was resisted on several grounds, particularly that no fraud has been committed by the bank and that the granting or refusal of the permit was within the jurisdiction of the Regional transport Authority. However, the writing of the letter dated July 15, 1985, was specifically admitted.