9911796707
TMI Blog2005 (2) TMI 879X X X X Extracts X X X X X X X X Extracts X X X X ..... with interest for three months namely June 1982 to August 1982 by setting aside the judgment of the Civil Judge, Junior Division, Wani dismissing Regular Civil Suit No. 168 of 1983 on 27th March, 1985. 2. For the purposes of this second appeal the facts which are not in dispute are that on 14-4-1979 one Gopalrao Deshmukh obtained loan from the Bank by pledging gold ornaments. Account Nos. 27/18 and 27/19 were operated. On the same day Gopalrao Deshmukh gave a declaration in writing (Exh. 21) that the gold ornaments belonged to him and no other person has any claim against them. On L4-7-1979 Gopalrao Deshmukh also executed a promissory note in favour of the Bank as a security for the loan. On 8-2-1982 Gopalrao Deshmukh died leaving behin ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... eld that Letters of Administration were necessary for claiming the ornaments and in the absence of Letters of Administration the plaintiffs were not entitled for return of the gold ornaments. The learned trial Judge, therefore, dismissed the suit. 6. While deciding the appeal preferred by the plaintiffs the appellate Court held that the Letters of Administration were not necessary for claiming back the gold ornaments. The appellate Court allowed the appeal, set aside the judgment of the trial Court and directed the Bank to return the ornaments on payment of loan and interest to the plaintiffs or any person authorised by them on execution of his security bond to the satisfaction of the Bank. 7. The Bank preferred Second Appeal No ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rsity and needs to be set aside. In this respect Mr. Agrawal placed reliance on the following cases : (i) T.D. Gopalan v. The Commissioner of Hindu Religious and Charitable Endowments, Madras [1973]1SCR584 , wherein the Apex Court observed as under (para 9) : The uniform practice in the matter of appreciation of evidence has been that if the trial Court has given cogent and detailed reasons for not accepting the testimony of a witness, the appellate Court in all fairness to it ought to deal with those reasons before proceeding to form a contrary opinion about accepting the testimony which has been rejected by the trial Court. (ii) Santosh Hazari v. Purushottam Tiwari (Deceased) by LRs [2001]251ITR84(SC) wherein it is held ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... n be made on that count. In this respect, he relied on the following cases : (i) Arumugham (dead) By LRs. v. Sundarambal [1999]2SCR950 wherein it is held as under (Para 14): It is open to the first appellate Court to consider the evidence adduced by the parties and give its own reasons for accepting the evidence on one side or rejecting the evidence on the other side. It is not permissible for the second appellate Court to interfere with such findings of the first appellate Court only on the ground that the first appellate Court had not come to grips with the reasoning given by the trial Court. 11. A perusal of the judgments of the appellate Court show that though it has not discussed in details the reasons given by the tri ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ount with the Bank. In the absence of his examination Mr. Agrawal submitted that there was no offer by the plaintiffs to pay the loan amount. Hence their liability to pay interest cannot be restricted only for three months. Mr. Agrawal relied on the following cases : (i) Shrinarayan Rambilas v. Bhaskar Waman AIR 1954 Nag 193, it is held as under : Interests does not cease on the giving of merely a notice unaccompanied by any actual tender of mortgage amount. (ii) Dhirendra Nath Sen v. Smt. Santasila Debi AIR1969Cal406 , wherein the principles laid down by the authorities have been summarised as follows : 1. Where a certain sum is payable and interest is payable thereon upon non-payment, a valid tender of the amount ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... rs of Administration by the plaintiffs which was, in fact, not necessary, particularly when the Bank had transferred another loan account of the deceased in the name of the plaintiffs. Mr. Chandurkar further submitted that it had become clear to the plaintiffs that even if they repay the loan amount, the Bank would not return gold ornaments unless they produce Letters of Administration . In such circumstances no prudent man would repay the loan when there was no possibility of returning of the gold ornaments. Mr. Chandurkar submitted that insistence of the bank for Letters of Administration was not proper and legal since beginning and in such circumstances the plaintiffs not be blamed for not making actual payment of the loan amount. In ..... X X X X Extracts X X X X X X X X Extracts X X X X
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