PRADEEP NANDRAJOG - (1.)SUIT No.550/1994 filed by the appellant against the respondent was under Order 34 of the Code of Civil Procedure.
(2.)THE prayer made in the suit was to pass a preliminary decree in sum of Rs.18,26,014.22 with pendente lite and future interest @ 19.5% per annum with quarterly rest and upon failure to pay the decretal amount within the time stipulated, to sell the mortgaged property.
In the plaint it was averred that the defendant was an officer in the Establishment Department at the Head Office of the appellant and amongst others, was entrusted with the duty of clearing vouchers pertaining to travelling allowance, medical bills of the employees. It was further pleaded that the defendant was a Class-A Power of Attorney Holder of the Bank and was authorized to issue transfer payment orders and cheques.

It was alleged that the respondent devised ways and means to cheat the bank and cause illegal loss to the bank. He made interpolations in the record of the bank. He opened fictitious accounts and credited money therein after debiting the same amount from the general account of the bank. Averments were made pertaining to the modus oprendi adopted by the defendant to embezzle reimbursement towards travelling, medical and hospital charges statedly incurred by the employees.

(3.)GIVING details of the fictitious accounts opened, amounts, deposited and surreptitiously withdrawn, it was averred that the defendant purchased Plot No.230, Block M, Bodella Residential Scheme and for which he was advanced a loan to purchase the land and effect construction thereon and that the said loan transaction was secured by way of equitable mortgage created by the defendant in favour of the bank.
Averments were thereafter made to a personal loan taken by the defendant to purchase a Maruti Car.