Dharmendra Bhargav vs Oriental Bank Of Commerce
2022 Latest Caselaw 15281 MP

                                                            1
                                        IN THE HIGH COURT OF MADHYA PRADESH
                                                     AT JABALPUR
                                                           BEFORE
                                         HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                                 ON THE 21st OF NOVEMBER, 2022

                                                FIRST APPEAL No. 562 of 1998

                                   BETWEEN:-
                                   DHARMENDRA BHARGAV,
                                   S/O SHRI NEELMANI BHARGAV, AGED ABOUT
                                   37 YEARS, R/O HATHITAL COLONY, JABALPUR
                                   (MADHYA PRADESH)

                                                                                        .....APPELLANT
                                   (BY SHRI R.K. SANGHI, ADVOCATE)

                                   AND
                                   ORIENTAL   BANK   OF    COMMERCE,       A
                                   NATIONALIZED BANK, A BODY CORPORATE
                                   CONSTITUTED    UNDER     THE     BANKING
                                   COMPANIES (ACQUISITION & TRANSFER OF
                                   UNDER TAKINGS) ACT 40 OF 1980 HAVING ITS
                                   H.O.  AT  HARSHA    BHAVAN,     E-BLOCK,
                                   CANNAUGHT PLACE, NEW DELHI, BRANCHES
                                   ALL OVER INDIA INCLUDING ONE AT
                                   MARHATAL,   JABALPUR     THROUGH      ITS
                                   BRANCH MANAGER

                                                                                     .....RESPONDENTS


                                 Th is appeal coming on for hearing this day, t h e court passed the
                           following:
                                                            JUDGMENT

This first appeal has been preferred challenging the judgment and decree dated 31/03/1997 passed by 9th Additional District Judge, Jabalpur in C.S. No.73-A/1995, whereby suit filed by the respondent/plaintiff for recovery of money has been decreed to the extent of Rs.32,451.50/- along with interest @22% p.a. with quarterly rest.

Learned counsel for the appellant submits that learned Court below has Signature Not Verified Signed by: RASHMI RONALD VICTOR Signing time: 11/22/2022 12:03:22 PM

decreed the suit on the basis of presumptions and assumptions, whereas the respondent/plaintiff has failed to prove the allegations made in the plaint and the suit was clearly barred by time. With the aforesaid submissions, he prays that the judgment and decree passed by the Court below is not sustainable.

Heard learned counsel for the appellant and perused the record. Learned Court below vide the impugned judgment, has found that upon filing requisite application by the defendant/appellant, a loan of Rs.25,000/- was given by the respondent/Bank for the purpose of starting business, which despite making demand by the respondent/plaintiff was not repaid. From the record available, there is no illegality in the judgment and decree with regard to

transaction of loan in between the plaintiff and defendant. As regards, payment of interest of 22% p.a. with quarterly rest is concerned, there is an agreement in between the parties, which has not been rebutted by the appellant/defendant, therefore, there is also no illegality in awarding of interest @22% p.a. by the learned Court below.

As such, in my considered opinion, there is no illegality in the impugned judgment and decree passed by learned Court below. Accordingly, this first appeal is dismissed. However, no order as to costs.

(DWARKA DHISH BANSAL) JUDGE RS

Signature Not Verified Signed by: RASHMI RONALD VICTOR Signing time: 11/22/2022 12:03:22 PM