S.B.Sinha, J. - (1.) S.B.Sinha, J.-All these three appeals involving common questions of law were taken up for hearing together. The judgments and decrees dated 10th January, 1994 are impugned in these appeals.
(2.) Three suits were filed by the Appellant being suit No. 306/93, 308/93 and 309/93 for grant of a decree for sum of Rs. 53,10,74,550.64p., Rs. 10,37,25,686.74p. and Rs. 21,36,72,072.82P. respectively. For the purpose of disposal of these appeals, we would consider the fact from the record of Appeal No. 306 of 1993. Having regard to the certain purported admissions made by the Loanee an application was filed for passing a decree on admission as contemplated under Order XII Rule 6 of the Code of Civil Procedure, the details whereof are : JUDGEMENT_377_CALLT1_2001Html1.htm
(3.) The learned trial Judge rejected the said contention but purported to have accepted the suggestions made by the defendants-respondents. Furthermore it was recorded that the defendants intended to pay the principal amount. The learned trial Judge noticed :- "The respondents have submitted in course of argument and also by filing written notes that they are willing to submit to a decree for Rs. 61,72,05,000/-with such interest as Court may decide and the same may be allowed to be paid by instalments so as to enable the defendant to pay the money. In the plaint of the three suits the plaintiff bank has claimed Rs. 84,86,72,310.20 with compound interest of 25% per annum. Now it is very difficult to ascertain what is the principal amount in the three suits.";