of the Defendants. On 16.01.2019, Bank had granted a loan of Rs.25.00Lacs to Defendants in the form of CC Limit for business purpose. To secure the loan, Defendant nos. 1 had hypothecated assets. The loan was chargeable to interest @11.45% per annum with monthly rests. On 30.12.2020, a sum of Rs.50,84,421/- was due from the defendants. Despite repeated requests, defendants did not make the repayment. Hence, the suit. 3. The, Civil Court, sent summonses to the defendants by registered post, which were duly served. Defendants put in appearance before the Civil Court and filed their written statement wherein they alleged that suit is not maintainable; bank has not approached the Court with clean hands; suit is liable to be dismissed under Order 7 Rule 11 CPC as there is no cause of action against the defendants; bank has approached two forums with same relief which is barred under the law; defendants have paid the regular installments, only in the year 2019 when the whole valley was hit by unavoidable circumstances, the business of defendants got affected; bank played fraud with the defendants; bank is confused in their stand as defendants were given the concession under the OTS which they have availed and already deposited cheque dated 25.04.2021 for Rs.6,10,000/against proper receipt with the bank i.e. Annexure IV; unambiguity and confusion created by the bank authorities even after the submissions made by the defendants is not answered. After receiving the file by transfer from Jammu, this Tribunal sent summonses to the defendants by registered post on 12.10.2023, which were duly served. However, defendants did not put in appearance and vide order dated 05.04.2024, they were proceeded ex parte . 4. In order to prove its case, the Bank has placed on record the affidavit of Mr. Shah Zama Baqal, Manager, along with the loan and security documents.
