Madras High Court
M.Ramalingam vs P.Jhansi on 8 October, 2021
Review Application No.87 of 2021
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08-10-2021
CORAM
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM
Review Application No.87 of 2021
M.Ramalingam .. Petitioner
vs.
P.Jhansi .. Respondent
Review Application preferred under Order 47, Rule 1 of the Civil
Procedure Code, against the judgment of this Court passed in A.S.No.533 of
2018 dated 19.02.2020.
For Petitioner : Mr.Sanath Kumar for
Mr.G.Saravanan
For Respondent : Mr.Thanjai P.N.Chezhian
1/4
https://www.mhc.tn.gov.in/judis/
Review Application No.87 of 2021
ORDER
The present Review Application is filed to review the judgment
passed by this Court in A.S.No.533 of 2018 dated 19.02.2020.
2. The learned counsel for the review petitioner mainly contended
that the error apparent in the order passed by this Court is regarding the
interest directed to be paid at the rate of 12% per annum over the principal
amount of Rs.10,00,000/-. It is contended that as per Section 34(1) of the
Code of Civil Procedure, the interest which could be awarded should not
exceed 6% per annum in the suit for recovery of money other than
commercial transactions.
3. However, the learned counsel for the respondent relied on the
proviso by stating that where the liability in relation to the sum so adjudged
had arisen out of a commercial transaction, the rate of such further interest
may exceed six per cent per annum.
4. The learned counsel for the respondent states that it is the
https://www.mhc.tn.gov.in/judis/
Review Application No.87 of 2021
commercial suit. However, the petitioner contends that it is not commercial
suit. But this Court cannot adjudicate these merits in review proceedings.
Only if an error apparent is established, then the order needs to be reviewed,
but not otherwise.
5. The interest in a non-commercial suit would be not more than
6% per annum. This being the prescription contemplated under Section
34(1) of the Code of Civil Procedure, this Court is inclined to review the
order to the extent of modifying the interest amount to be paid by the review
petitioner.
6. Thus, the order stands reviewed to the extent stated hereunder:-
“Accordingly, the appellant/defendant is directed
to pay the plaint amount of Rs.10,87,500/- (Rupees
Ten Lakhs Eighty Seven Thousand and Five
Hundred only) and pay interest for the principal
amount of Rs.10,00,000/- (Rupees Ten Lakhs only at
the rate of 6% per annum from the date of plaint till
the date of realisation.”
https://www.mhc.tn.gov.in/judis/
Review Application No.87 of 2021
S.M.SUBRAMANIAM, J.
Svn
7. The respective learned counsel for the review petitioner and the
learned counsel for the respondent made a submission that the parties have
agreed to settle the decree amount in four equal instalments commencing
from 10th November, 2021 and ending with 10th February, 2022. Thus, the
review petitioner/appellant is directed to settle the decree amount with
interest in four equal instalments and the final instalment is to be paid on or
or before 10.02.2022.
8. Accordingly, the Review Petition stands allowed in part to the
extent stated above. However, there shall be no order as to costs.
08-10-2021
Index : Yes/No.
Internet : Yes/No.
Speaking Order/Non-Speaking Order.
Svn
Review Application No.87 of 2021
https://www.mhc.tn.gov.in/judis/
