No. 27/04.03.2009.

HON’BLE JUSTICE SRI A. CHAKRABARTI, PRESIDENT.

Appellant through Mrs. Suman Sehanabish, the Ld. Advocate and Respondent Nos. 1 & 2 through Mr. P. Banerjee, the Ld. Advocate are present. 

Heard the Ld. Advocate for the Appellant as also the Ld. Advocate for the Respondent Nos. 1 & 2.  None appears for the Respondent No. 3 though notice was served.  The contention made by the Appellant is that the judgement of the Forum below is liable to be set aside as it supported the stand of the Respondent No. 3 in respect of recalling the whole dues under the loan transaction in question on default of payment of one installment.  The contention of the Appellant is that the Respondent No. 3 is not entitled to call for the whole amount as the amount which has been already paid cannot be asked again to be paid.  We have considered the said contention as also heard Mr. Banerjee.  We are of the opinion that in respect of a loan transaction when the loanee fails to deposit any installment, the entire due then lying payable adjusting the amount already paid becomes payable, if the party giving loan call it back.  In the present case also the same has happened and, therefore, we do not find any ground to interfere with the impugned judgement.  The appeal is, therefore, dismissed and there is no order as to cost.