Delhi High Court
Vasudeva Publicity Service & ... vs Mrf Ltd. on 9 November, 2010
Author: Anil Kumar
* IN THE HIGH COURT OF DELHI AT NEW DELHI
+ CS(OS) No.2635 of 2000
% Date of Decision: 09.11.2010
Vasudeva Publicity Service & Another .... Plaintiffs
Through Mr.Ravi Kant Chaddha, Sr.Advocate
with Ms.Pooja Verma, Advocate.
Versus
MRF Ltd. .... Defendant
Through Ms.Surekha Raman, Advocate.
CORAM:
HON'BLE MR. JUSTICE ANIL KUMAR
1. Whether reporters of Local papers may be YES
allowed to see the judgment?
2. To be referred to the reporter or not? NO
3. Whether the judgment should be reported in NO
the Digest?
ANIL KUMAR, J.
*
1. The matter is listed pursuant to office objection that the principal
amount as stipulated in paragraphs 33 and 41 is different than the
principal amount mentioned in other paragraphs.
2. Learned Senior Counsel Mr.Ravi Kant Chaddha with Ms.Pooja
Verma, Advocate for the plaintiffs and Ms.Surekha Raman, Advocate for
the defendant are present.
3. Learned Senior counsel for the plaintiffs states that there appears
to be typographical error in paragraphs 33 and 41 of the Judgment
dated 2nd July, 2010 as the principal amount in the suit is
Rs.58,43,756/- and not Rs.50,43,756/- as mentioned in paragraphs 33
and 41 of the Judgment dated 2nd July, 2010. It is contended that it is
on account of typographical error. The learned counsel for the
defendant also admits that there are typographical mistakes in
paragraphs 33 and 41 of the Judgment regarding principal amount.
4. Consequently, paragraphs 33 and 41 are modified so as to correct
the typographical error in respect of the principal amount of the suit
mentioned therein. After correction of the typographical error in
paragraphs 33 and 41 of the Judgment dated 2nd July, 2010 shall read
as under:-
"33. Therefore what is to be determined is whether the
plaintiffs are entitled for interest, and if so, on what
amount at what rate and for what period. This Court has
decreed the suit of the plaintiffs. The plaintiffs have
claimed an amount of Rs.20,84,176/- as interest at the
rate of 24% per annum on the principal amount of
Rs.58,43,756/-. The suit was filed by the plaintiffs on 7th
November, 2000, and therefore, it is assumed that amount
of Rs.20,84,176/- is the interest claimed by the plaintiffs at
the rate of 24% per annum till the said date. The amount of
Rs.11,10,186/- after deducting an amount of Rs.23,814/-
towards TDS was paid after the institution of the suit
pursuant to order dated 24th May, 2002.
41. The plaintiffs are also awarded pendente lite and the
future interest from the date of institution of the suit till
the recovery of the amount at the rate of 6% in the facts
and circumstances. The plaintiffs shall be entitled for
pendente lite interest at the rate of 6% on the amount of
Rs.58,43,756/- till the amount of Rs.11,10,186/- and TDS
amount of Rs.23,814/- was paid pursuant to order dated
24th May, 2002. From the date of payment of the said
amount, the plaintiffs shall entitled for pendent lite interest
at the rate of 6% per annum on the balance amount after
deducting the amount which was paid and deducted
pursuant to order dated 24th May, 2002. The plaintiffs
shall be entitled for the future interest also at the rate of
6% till the amount decreed in favour of the plaintiffs is
paid. The issue is decided accordingly.
In the circumstances, pursuant to office notings and with
the consent of the counsel for the parties, typographical errors in
paragraphs 33 and 41 are corrected.
5. Learned counsel for the parties also state that an appeal
was filed against the judgment dated 2nd July, 2010 by the
respondent and in the first appeal filed against the judgment and
decree dated 2nd July, 2010, the matter has been amicably
settled between the parties and the amount has been paid to the
plaintiff and in the circumstances, the above principal amount of
the suit is no more relevant.
6. In the circumstances, no further orders are required except
the typographical correction carried out in paragraphs 33 and 41
of the Judgment dated 2nd July, 2010. Ordered accordingly.
November 09, 2010 ANIL KUMAR J.
'VK'
