P.K.LOHRA, J. - (1.) By the instant appeal, appellant-defendants have challenged judgment and decree dated 4th of October, 2013, passed by Additional District Judge No.2, Bhilwara in Civil Suit No.30/2012 (158/12). Learned trial Court, by the judgment, while granting the relief and partly allowing suit of the respondent Bank directed appellant-defendants to pay a sum of Rs.55,619 jointly and severally with interest thereon @14.85% from the date of filing of the suit till realization so also the costs and accordingly decree was prepared.
(2.) Just to shirk-off their responsibility to pay the legitimate dues of Bank, after sanction of loan by putting the bank machinery in motion and getting issued drafts for their purpose, the plea of the appellant-defendants is that the amount sanctioned by the Bank was never utilized and the drafts got issued were deposited back and not encashed. On account of non-payment of the dues of interest etc the bank was constrained to file a civil suit to recover its amount but despite a decree passed against them they have not paid the outstanding amount of Bank and have preferred the present appeal.
(3.) The facts, apposite for the purpose of this appeal, are that respondent-plaintiff Bank filed a suit against appellant-defendants for recovery of Rs.63,003 on the ground that it had sanctioned study loan of Rs.6 lakhs in the year 2003 in favour of defendant Nos.1 and 2 and defendant Nos.3 and 4 stood as guarantor to the said loan and they entered into agreement and completed guarantee formalities. Thereafter, at the instance of defendants the Bank issued two drafts on 10.12.2003 and 13.04.2004 in Canadian Dollars but the draft were later on returned back to the Bank on 18.12.2003 and 02.03.2006 respectively. The Bank owed a sum of Rs.63,003 to the defendants and for its realization, notice was issued but the defendants failed to discharge their liability. When the amount due to the Bank was not paid, the Bank ultimately filed the civil suit against them on 27.04.2012 for recovery of the outstanding amount and interest thereon till realization.;