service charges were revised vide Circular, dated 19.03.2019,
which states that certain service charges will be applied through the
system and other service charges ... prevented the respondent Bank to mention the prepayment charges
also, beside the foreclosure charges. Only foreclosure charges are
mentioned in the said letter
though in terms
of the initial sanction letter dated 30.06.2020 no prepayment charges
are payable, the petitioner without prejudice to its rights and
contentions ... willing to deposit the prepayment charges being
demanded by the respondent bank in respect of the Cash Credit
Facility with the Registrar General of this
consent. It is clearly stipulated
in the sanction letter that the prepayment charges will be to the tune of 4%
of the amount being prepaid ... consonance of agreement. Similarly, the
Loan Agreement also mentioned that the prepayment charges will be in
F.A.No.254 of 2021
7
accordance with
Cheque bouncing charges and other : 6,490/
charges(Rs.)
Interest for the month(Rs.) : 87/
Prepayment charges @ 5.725%(Rs.) : 23,190/
Interest in pending installment ... Cheque bouncing charges and other : 5,310/
charges(Rs.)
Interest for the month(Rs.) : 30/
Prepayment charges @ 5.725%(Rs.) : 7,748/
Interest in pending installment
cash credit facility with them, therefore, the
Plaintiff deposited the said prepayment charges plus GST
amounting to Rs. 40,71,000/- to the Defendant bank ... Plaintiff abandoned the limits on
28.02.2019 thus was liable to pay prepayment charges of Rs.
4071000/- thus the defendant is not liable to return
towards the prepayment charges @
5.9% on outstanding principal qua both the loans, yet since
the same was not part of the agreement, same ... Cheque bouncing charges and 3,540.00 4,130.00
other charges (Rs.)
Interest for the month (Rs.) 1,951.80 3,913.00
Prepayment charges
Vijaya Bank for which Rs. 52,50,728/- was charged for
prepayment charges for 2 16 years being for the remaining period of
payment ... decided by the assessee company
to divide and claim the prepayment charges over the period of 3 years.
Accordingly Rs. 17,50,242/- was claimed
building. The term loan has
other clauses and conditions with "Prepayment charges" clause as
under:-
"0.50% p.a. of amount prepaid ... opponent for term loan
for 546 lacks. But the prepayment clause was modified: -"Prepayment
charges:-2.00% on the balance amount of loan
Payment penalty 1,716.00
Cheque bouncing charges and other charges 3,540.00
Interest for the month 418.30
Prepayment charges @ 4.72% on outstanding principal ... Payment penalty 1,126.00
Cheque bouncing charges and other charges 2,950.00
Interest for the month 418.30
Prepayment charges @ 4.72% on outstanding principal
Cheque bouncing charges and 7,080.00 6,490.00
other charges (Rs.)
Interest for the month (Rs.) 2,079.90 1,774.00
Prepayment charges ... towards the
prepayment charges @ 5.9% on outstanding principal qua both
the loans, yet since the same was not part of the agreements, same
is liable
