Shatrughhan Sharan vs Narayan
2024 Latest Caselaw 20796 MP

Madhya Pradesh High Court

Shatrughhan Sharan vs Narayan on 1 August, 2024

Author: Dwarka Dhish Bansal

Bench: Dwarka Dhish Bansal

                                                              1                                 CR-24-2013
                            IN     THE      HIGH COURT OF MADHYA PRADESH
                                                  AT JABALPUR
                                                       BEFORE
                                     HON'BLE SHRI JUSTICE DWARKA DHISH BANSAL
                                                  ON THE 1 st OF AUGUST, 2024
                                                 CIVIL REVISION No. 24 of 2013
                                                    SHATRUGHHAN SHARAN
                                                           Versus
                                                    NARAYAN AND OTHERS
                         Appearance:
                           Shri Anoop Saxena - Advocate for the applicant.


                                                               ORDER

This civil revision has been preferred by the applicant/decree holder challenging the order dated 08.10.2012 passed by District Judge, Chhatarpur in execution case no.9A/04 whereby entitlement of the applicant/decree holder has been decided in respect of the interest on decreetal amount as mentioned in para 20 of the judgment dated 20.03.2006 passed by District Judge, Chhatarpur in civil suit no.09A/04.

2. Learned counsel for the applicant submits that just contrary to last para 20 of the judgment and decree, Court below has observed that applicant is not entitled for interest on the amount of Rs.1,40,000/- from the date of agreement till

the judgment dated 20.03.2006. Placing reliance on paragraph 20 of the impugned judgment and decree, learned counsel submits that he is entitled for interest @ 6% on the amount of Rs.1,40,000/- from the date of agreement till the judgment and decree dated 20.03.2006 and thereafter @ 9% on the same amount in case the amount is not paid within 3 months.

3. Heard learned counsel for the applicant and perused the record as well as

2 CR-24-2013 the impugned judgment and decree dated 20.03.2006.

4. From perusal of para 20 of the judgment passed on 20.03.2006, it is clear that the plaintiff/applicant/decree holder is entitled for interest @ 6% on the amount of Rs.1,40,000/- from the date of agreement i.e. 12.02.2002 till realization of the amount and if the defendants 1-2 do not pay the said amount within a period of three months, then plaintiff/applicant is entitled for interest @ 9% from the date of judgment dated 20.03.2006. Although plaintiff has been held entitled for the interest @ 9% from the date of judgment i.e. 20.03.2006, but it does not mean that the plaintiff is not entitled interest even @ 6% on the amount of Rs.1,40,000/- from the date of agreement i.e.12.02.2002 to the date of judgment i.e. 20.03.2006.

5. In view of the aforesaid discussion, in my considered opinion, the impugned order is not sustainable and is hereby set aside and executing Court is

directed to reconsider the matter in the light of aforesaid observation made by this Court in this order.

6. In view of the aforesaid, this civil revision is allowed and disposed off .

7. Misc. application(s), pending if any, shall stand disposed off.

(DWARKA DHISH BANSAL) JUDGE

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