STATE BANK OF INDORE Vs. FIRM MOOLCHAND MADANLAL

JUDGEMENT

(1.) APPELLANT/plaintiff has filed the appeal under Section 96 of the CPC against the judgment and decree dated 9. 12. 96 passed by learned Additional District Judge, Rajgarh Camp, Biaora in Civil Suit No. 9-B/88 wherein the claim of the appellant for Rs. 28,503. 90 ps. was dismissed.

(2.) THE case of the plaintiff is that the plaintiff is a Nationalised Bank having its branch at Rajgarh and the Branch Manager of the Bank is duly authorised to sign and verify the plaint on behalf of the plaintiff Bank. That the defendant No. 2 is the Proprietor of defendant No. 1 firm Moolchand Madanlal Rathore which is doing the business of Stationery and Cutlery. That on 26. 12. 69 the defendants had taken the loan of Rs. 10,000/- on the interest @ more than 5% of the rate of interest of the R. B. I. on monthly rest. That the defendant No. 2 has signed the Promissory Note on 26. 12. 69 on the same date he has also pledged his goods of his shop for the payment of the loan. That the defendant No. 1 has applied for the enhancement of the limit of the loan on 21. 3. 71. That on 19. 9. 75 the defendants have again executed the agreement for cash credit and executed the promissory note of the amount. That the defendants have acknowledged the payment of the arrears on various dates and lastly the acknowledgement to pay the loan was executed on 20. 11. 85. That the defendants have not paid the amount of Rs. 28503. 60 ps. in respect of the service of the registered notice dated 9. 12. 87. Plaintiff has prayed for the amount of Rs. 28503. 60 ps. along with the interest @ 16. 50% per annum and the cost of the suit.

(3.) THE defendants have denied that the plaintiff is a Nationalised Bank. It is further denied that the Branch Manager of Rajgarh Bank has right to file the suit or sign the plaint on behalf of the plaintiffs Bank. It is further denied by the defendant that he has taken the loan of Rs. 10,000/and agreed to pay the interest to the plaintiff. Defendant has denied the execution of the acknowledgement on 20. 11. 85. The defendants have further denied that the arrears of the loan on him are of Rs. 28503. 60/- ps. and it is pleaded that plaintiff is not interested in the cost of the suit.