STATE BANK OF INDIA Vs. ASHIS KUMAR ROY

JUDGEMENT

(1.) This is a revisional application under section 115 of the Code of Civil Procedure by the plaintiff/petitioner against an order passed by Shrimati B. Roy, learned Assistant District Judge, Seventh Court at Alipore, District : 24 Parganas (South) in Title Suit No. 84 of 1991 whereby the learned judge allowed an application filed by the opposite party Nos. 5 and 6, inter alia, directing the plaintiff-bank to pay the interest accrued on the term deposit receipt mentioned in the plaint to the defendant Nos. 5 and 6 after deducting an amount of Rs. 25,000/- (Rupees twenty five thousand) only within 15 days from the date of the said order. The learned judge, also, fixed September 4, 1995 for peremptory hearing of the suit.

(2.) On or about June 28, 1998 the plaintiff-bank sanctioned a sum of Rs. 1,27, 600/- (Rupees one lakh twenty seven thousand six hundred) only to the defendant No. 1 for purchasing a matador pick up van as by way of a medium term loan. The defendant Nos. 2 to 7, including defendant Nos. 5 and 6, guaranteed for due payment of the due amount of the loan taken by the defendant No. 1 and, also, undertook and/or promised to pay all interest costs and charges and expenses recoverable by the plaintiff from the said defendant No. 1. The said defendants, also, executed a deed of guarantee on June 28, 1998.

(3.) On the allegation that the defendant No. 1 wrongfully and illegally failed and neglected to pay the loan lent and advance by the plaintiff in the said term loan account in terms of the agreement, the said plaintiff-bank instituted Title Suit No. 84 of 1991 in the Court of the learned Assistant District Judge, Seventh Court at Alipore, District : 24 Parganas (South) for recovery of a sum of Rs. 1,83, 800.22 (Rupees one lakh eighty three thousand eight hundred and paise twenty two) only jointly and severally against the defendants as on June 28, 1991 and prayed for further interest and interest on judgment at the agreed rate on the said sum. A decree, inter alia, for declaration has been prayed for that the vehicle mentioned in the schedule to the plaint and the term deposit receipts mentioned in the plaint remain hypothecated and or charged to the plaintiff for recovery of the bank's due and the landed property as mentioned in schedule II remain mortgaged to the plaintiff-bank as security by way of first and permanent charges for payment to the plaintiff's claim.