LAWS(MPH)-1994-3-92

BANK OF INDIA Vs. MOTI LAL AND ANOTHER

Decided On March 07, 1994
BANK OF INDIA Appellant
V/S
Moti Lal And Another Respondents

JUDGEMENT

(1.) This is plaintiff's appeal against the judgment and decree passed by the second Additional Judge to the Court of District Judge, Sehore, Camp Nasrullaganj in Civil Suit No. 152-A/87 decided on 19.9.88 decreeing partly the claim of the plaintiff to the extent of only 12,000/- Rupees out of the total claim of Rs. 35,371.59/- Rupees towards the advance made to the defendants for purchase of cattles for agricultural purpose.

(2.) There is no dispute that the loan taken by the defendants from the Bank and they had executed the necessary documents which are on the record and the amount remained unpaid.

(3.) The defendants stated that vide Clause 12 of the agreement the borrower had insured the cattle and the insurance premiums were paid by the Bank from their account and as such it was known to the bank that the insurance premium be paid from time to time. It is alleged that after the award of loan the cattle had died and no amount under the insurance was recovered by the Bank.