1982 (10) TMI 214 - HC - Companies Law

Summary

Issues Involved:
1. Legality of charging compound interest with quarterly or monthly rests by the bank.
2. Whether the interest rate of 16.5% per annum, including penal interest and service charges, was excessive and whether the provisions of the Mysore Usurious Loans Act, 1923 could be applied to mitigate the rigour of the loan transaction.

Issue-wise Detailed Analysis:

1. Legality of Charging Compound Interest with Quarterly or Monthly Rests by the Bank:

The appeal raised questions about the constraints on banking institutions to charge interest on loans/advances and the power of courts to examine such transactions. The appellant contended that there was no banking practice to charge interest with quarterly or monthly rests without statutory sanction by the Reserve Bank of India (RBI). The respondent maintained that banking practice accepted by all banking institutions included charging compound interest quarterly or monthly.

The court examined the directives and circulars issued by the RBI, which had a significant bearing on the questions. The RBI's directives and circulars are statutory instruments of national policy, and banks are bound by them. The court found that the ordinary practice or custom of banks was to charge interest with yearly or half-yearly rests, not monthly or quarterly rests. The RBI directives aimed to ensure uniformity in practices among banks, which presupposed that there was no such uniform practice before. The court concluded that charging interest with monthly rests was not a recognized banking practice and was usurious, while quarterly rests were not warranted by the facts and circumstances of the case.

2. Whether the Interest Rate of 16.5% Per Annum, Including Penal Interest and Service Charges, Was Excessive and Whether the Provisions of the Mysore Usurious Loans Act, 1923 Could Be Applied:

The appellant argued that the interest rate of 16.5% per annum, coupled with penal interest and service charges, was excessive and unreasonable, and should be scaled down under the Mysore Usurious Loans Act, 1923. The respondent contended that the interest rate was justified and could not be scaled down by applying the norms under the Mysore Usurious Loans Act.

The court analyzed the provisions of the Mysore Usurious Loans Act, 1923, which empowers the court to reopen transactions and relieve the debtor of all liability in respect of excessive interest if the transaction was substantially unfair. The court found that the interest charged at 16.5% per annum with monthly rests was excessive and not justified by any special circumstances. The court reduced the interest rate to 12.5% per annum with annual rests from the date of the equitable mortgage, aligning with the minimum lending rate prescribed by the RBI. The court also held that the penal interest charged was unauthorized and illegal, as there was no stipulation in the transaction for such penal interest. The service charges were allowed to be recovered as processing fees at the rate prescribed by the RBI, subject to a maximum of Rs. 2,500 once-for-all.

Conclusion:

The court allowed the appeal, reversing the judgment and decree of the lower court, and remitted the matter for disposal on merits in light of the observations made. The court emphasized the need for the RBI to address the issue of banks charging interest in contravention of its directives and suggested remedies to ensure compliance. The request for a certificate for appeal to the Supreme Court was refused, as the case did not involve a substantial question of law of general importance.