DEEPAK KUMAR Vs. STATE BANK OF INDIA

JUDGEMENT

(1.) THIS appeal arises out of the judgment and decree dated May 11, 1991, passed by the Additional District Judge, Maihar, in Civil Suit No. 23-B of 1990 decreeing the suit.

(2.) APPELLANT No. 1 obtained a loan of Rs. 1,90,000 from the respondent-bank on March 24, 1981, for purchase of a truck with interest at 15 per cent, per annum with quarterly rests. He executed a pronote and hypothecated the truck to the respondent-bank. Appellants Nos. 2 to 4 stood as guarantors for the repayment of the loan amount. The loan was to be repaid in 40 monthly instalments of Rs. 4,750. Appellant No. 1 paid Rs. 1,00,000 in various instalments thereafter he failed to pay any instalments. Ultimately, the respondent-bank filed the suit for recovery of Rs. 1,71,736. 45 and interest pendente lite and future.

(3.) THE appellants filed their written statement denying the liability of the respondent-bank. The appellants also claimed that the branch manager of the bank was not competent to file the suit. The trial court, however, decreed the suit with 15 per cent, interest per annum.