STATE BANK OF INDORE Vs. BALAJI TRADERS

JUDGEMENT

(1.) Appellant is a scheduled Bank. By impugned order A.D.J., Ganjbasoad sitting in Lok Adalat on 21-2-93 granted a decree for (a) Rs. 33003.88 with interest @ 4% per annum from the date of institution of suit i.e. 23-11-87. (b) facility of payment of the same in six equal instalments to the respondent was given with a default clause. (c) both parties had to bear their own costs in the circumstances of the case and looking to the penury of the respondent. (d) certified Advocate's fee was to be added to the decree. (e) Court-fees paid was ordered to be returned to the appellant.

(2.) Appellant had filed this civil suit on 23-11-87 for recovery of Rs. 36,603.88/- with interest @ 14% per annum since 25-9-87 with the prayer for recovery of the same amount by sale of plot equitably mortgaged.

(3.) On 21-2-93 at Lok Adalat held at Basoda the respondent filed an application claiming that only Rs. 20,000/- were advanced to him as loan out of which Rs. 9,000/- have been deposited before the suit. After suit also Rs. 300/- on 14-10-87 and Rs. 500/- on 11-1-88 have been paid. That a decree was given after adjusting this amount in the original loan cost of suit and future interest be exempted as the respondent is invalid and had suffered due to incendiary in his house. Facility of six yearly instalments was also prayed. Interest if allowed be payable from date of decree. Cost of suit and interest were left to be decided by the Court. Rs. 3000/- were deposited by respondent in Lok Adalat and were accepted by the Bank Manager.