State Bank Of Travancore, ... vs Rekha Paul
2023 Latest Caselaw 3945 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                             PRESENT
          THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
  THURSDAY, THE 30TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945
                       RFA NO. 644 OF 2005
AGAINST THE JUDGMENT IN OS 349/2003 OF I ADDITIONAL SUB COURT,
                            ERNAKULAM


APPELLANT/PLAINTIFF:

          STATE BANK OF TRAVANCORE, TRIPUNITHURA
          REPRESENTED BY ITS CHIEF MANAGER.
          BY ADVS.
          SMT.SALLY THOMAS CHACKO
          SMTJ.N.NISHA
          SRI.P.T.THOMAS PERAKATH



RESPONDENTS/DEFENDANTS:

    1     REKHA PAUL, W/O.PAUL T. JACOB,
          THUDIEN HOUSE, KANDANAD P.O. KANDANAD.
    2     PAUL.T.JACOB, S/O.SRI.JACOB, THUDIEN
          HOUSE, KANDANAD P.O. KANDANAD.



THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON
30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 R.F.A.644/2005
                                         2




                          C.JAYACHANDRAN, J
                  --------------------
                   R.F.A.No.644 of 2005
                -----------------------
         Dated this the 30th day of March, 2023


                            J U D G M E N T

The State Bank of Travancore, Tripunithura

Branch [as it existed then] is the appellant. Under

challenge in this appeal the judgment and decree in

O.S.No.349/2003 of the Additional Sub Court,

Ernakulam. The short compass of the appeal is with

respect to the rate of interest awarded by the

court below in a suit for realization of money,

based on a loan transaction advanced by the

plaintiff/appellant to the defendants/respondents.

The defendants remained ex parte and the learned

Sub Judge decreed the suit by allowing realization

of the principal amount sought for, but, with

interest @6% per annum only, as against a claim of

12.62% per annum on the premise that the R.F.A.644/2005

transaction in question was a commercial one.

2. Heard Smt.Sally Thomas Chacko learned counsel

for the appellant/bank. There is no representation

for the respondents.

3. Learned counsel for the appellant invited the

attention of this Court to the Proviso to S.34 of

the Code of Civil Procedure, to contend that the

appellant/bank is entitled to interest @12.62% for

the amount due. However, to a specific query put by

this Court, it was submitted that the execution

proceeding has been concluded, after putting the

property offered as security for court auction and

satisfying the amount due under the decree.

4. In as much as the decree has been satisfied,

this Court is of the view that an interference at

this distance of time is uncalled for. The judgment

impugned is dated 28.01.2005. The transaction in R.F.A.644/2005

question was of the year 2001. The overall

circumstances persuades this Court not to interfere

with the judgment impugned, with the result, this

appeal fails and the same is hereby dismissed,

leaving the parties to bear their respective costs.

Sd/-

C.JAYACHANDRAN JUDGE

Sbna/