- (1.) With the consent of the learned counsels for the parties, the appeal was ordered to be finally heard today as per the order dated 7/5/2014, and accordingly the same is decided hereunder.
(2.) The second appeal filed by the appellant-plaintiff under Section 100 of CPC arises out of the judgment and decree dated 6/2/2013 passed by the Additional Civil Judge No.3, Alwar (hereinafter referred to as 'the Appellate Court') in Civil Appeal No.15/2013, whereby the Appellate Court has allowed the said appeal of the respondents-defendants and set aside the judgment and decree dated 4/11/2009 passed by the Additional Civil Judge (Senior Division) No.1, Alwar (hereinafter referred to as 'the Trial Court') in Civil Suit No.53/2002 (190/1998).
(3.) The facts in netshell are that the appellant-plaintiff is a Private Limited Company incorporated under the Indian Companies Act, 1956. The appellant company had applied for loan, and the defendant had sanctioned the loan of Rs.11 lakhs for the business purpose of the appellant-company on 31/05/1982, for which certain documents were executed on 22/07/1982. As per the case of the appellant-plaintiff/company, out of the total sanctioned amount of loan, the appellant-company had availed of Rs.6.23 lakhs only, and got the balance sanctioned loan amount cancelled from the respondents. It was further case of the appellant that on account of the availed loan amount of Rs.6.23 lacs, the appellant-plaintiff had paid a sum of Rs.19,19,458/- by 1/11/1997, that is till the date "Automatic One Time Settlement Scheme" (FR Circular No.135) was introduced by the defendant-corporation. The defendant-corporation had informed the appellant-company vide the letter dated 11/11/1997 that as on 1/10/1997, a sum of Rs.10.06 lakhs was outstanding in its loan account and the plaintiff was advised to get itself registered by depositing 10% of the said outstanding amount, by 30/11/1997, or by depositing Rs.25% of the said amount by 31/12/1997. It was also mentioned in the said letter that the exact amount payable by the appellant for settlement of account would be communicated to it soon after the registration of the appellant's case under the Scheme. The appellant-company, with a view to avail the benefit of the said Scheme, deposited a sum of Rs.1 lakh by cheque on 24/11/1997, for which a receipt was issued by the respondents-defendants. It further appears that the appellant/company was subsequently issued a letter dated 9/2/1998 (Ex.7) by the respondent No.2, calling upon the appellant-company to deposit the entire principal sum along with other amount in the loan account maintained by the defendants, and also calling upon the appellant-company for personal discussion. The appellant-company, on contacting the respondents, was informed that due to amendment in the said scheme, the plaintiff-company was required to pay the entire principal amount.;