SYNDICATE BANK Vs. T SUBBARAO AND ORS

JUDGEMENT

(1.) This second appeal arises out of the concurrent judgments passed in suit filed by the plaintiff for recovery of money in OS No.22 of 2011 before the Senior Civil Judge, Addanki. The suit was dismissed on 11.02.2013 and the appeal preferred before the VIII Additional District Judge cum Family Court, Ongole, in AS No.59 of 2013 was also dismissed on 27.06.2016. The plaintiff is the appellant.

(2.) The suit was filed with the following averments:

(3.) The 1st defendant filed written statement, denying the plaint averments, but admitted the sanction of loan and receipt of the amount. However, it was stated that the then Manager of the Bank at the end of 2008, after verifying the payments made by the defendants 1 to 3, closed the account and returned the Kisan Vikas Patras under proper acknowledgment. However, the same Manager later on telephoned and stated that they have to pay Rs.1,69,000/- and demanded to settle it or they would face criminal prosecution. When they approached the Ombudsman, complaint was not entertained on the ground that it requires more oral and documentary evidence. It was also denied that the 4th defendant was their guarantor. It was also stated that they issued a reply notice to the bank through letter dated 04.03.2011.