BANK OF BARODA GUNTUR Vs. SHAIK SARDAR SAHEB

JUDGEMENT

(1.) The only point raised in this appeal filed by appellant - a nationalised Bank is as regards the quantum of interest and that point is covered by the Judgment of the Supreme Court in Bank of India v. Ms. Vijay Transport, AIR 1988 SC 151 and the subsequent Full Bench decision of this Court rendered in State Bank of Hyderabad v. Advath Sakru, AIR 1994 AP 170 (FB) which was rendered subsequent to the Judgment under appeal.

(2.) The plaintiff is the appellant herein. The suit was filed for recovery of a sum of Rs.52,717-67 being the principal and interest due by the respondent/defendant on the mortgage by deposit of title deeds and for further interest and costs.

(3.) The plaint averments in brief are: the plaintiff advanced an amount of Rs.40,000-00 for purchase of international tractor. The respondent/defendant after receipt of consideration executed a demand pronote in favour of the appellant-bank. The respondent/ defendant had also executed a Memorandum of Hypothecation, hypothecating the Tractor in favour of the plaintiff-bank. The respondent-defendant had also created a mortgage by deposit of title deeds. Since the defendant had not discharged the loan advanced, the suit is filed for recovery of the said amount with interest.