Madras High Court
L.Muralidharan vs S.Antony Raj on 30 March, 2022
A.S. (MD) No. 40 of 2019
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 30.03.2022
CORAM
THE HONOURABLE MS. JUSTICE R.N.MANJULA
A.S. (MD) No. 40 of 2019
and
C.M.P. (MD) No. 5245 of 2021
L.Muralidharan ... Appellant / Defendant
Vs.
S.Antony Raj ... Respondent / Plaintiff
PRAYER: Appeal Suit filed under Section 96 of the Civil Procedure Code,
1908 against the judgment and decree of the learned Additional District
Judge (Fast Track), Tenkasi dated 08.03.2018 in O.S. No. 121 of 2016.
For Petitioner : No appearance
For Respondents : Mr.S.S.Thesigan
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A.S. (MD) No. 40 of 2019
JUDGMENT
This Appeal has been preferred challenging the judgment and decree of the
learned Additional District Judge (Fast Track), Tenkasi, dated 08.03.2018
made in O.S. 121 of 2016.
2.The appellant was the defendant in the suit; the respondent / plaintiff has
filed a suit for recovery of a sum of Rs.33,73,333/- (Rupees Thirty Three
Lakhs Seventy Three Thousand and Three Hundred and Thirty Three only)
being the advance amount with interest on the sale agreement, dated
14.05.2012 with subsequent interest and costs; however, the suit has been
decreed only in respect of Rs.20,00,000/- (Rupees Twenty Lakhs only) with
subsequent interest at the rate of 12% per annum from the date of agreement
till the date of realization with the cost of Rs.2,95,897/- (Rupees Two Lakhs
Ninety Five Thousand Eight Hundred and Ninety Seven only).
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A.S. (MD) No. 40 of 2019
3.Though the appellant / defendant has raised various grounds in this
appeal, he has restricted his prayer with regard to awarding of interest and
cost alone. Only in view of that, he has valued the appeal itself at Rs.
13,95,341/- (Rupees Thirteen Lakhs Ninety Five Thousand Three Hundred
and Forty One only) and paid the Court fee of Rs.41,861/- (Rupees Forty
One Thousand Eight Hundred and Sixty One only). There is no break-up of
figures to show how this contested amount of Rs.13,95,341/- (Rupees
Thirteen Lakhs Ninety Five Thousand Three Hundred and Forty One only)
has been arrived at. It is presumably understood that the appellant has
worked out the interest alone on the earnest money and challenged it in this
appeal; the suit agreement was of the year 14.05.2012. However, the
plaintiff has not chosen to file any suit for specific performance. On perusal
of the agreement, it is seen that the interest clause, is not present; though the
respondent / plaintiff has claimed interest at the rate of 12% per annum, it is
the discretion of the Court to award interest on refund by taking into
consideration of the rate of interest which would be available if the amount
was deposited in any of the Nationalized Bank. Since the award of interest
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A.S. (MD) No. 40 of 2019
at 12% per annum is on the higher side, I feel that it can be reduced to 9%
per annum from the date of sale agreement till the date of decree and
thereafter, 6% per annum from the date of decree till the date of realization
with cost.
In the result, this Appeal Suit is partly allowed and the judgment and decree
in O.S. No. 121 of 2016 on the file of the Additional District Court (Fast
Track), Tenkasi, dated 08.03.2018, is hereby modified to the effect that the
suit is decreed for the refund of the advance amount of Rs.20,00,000/-
(Rupees Twenty Lakhs only) along with interest at the rate of 9% per annum
from the date of sale agreement till the date of decree and thereafter, at the
rate of 6% per annum from the date of decree till the date of realization with
cost. Consequently, connected Miscellaneous Petition is closed.
30.03.2022
Index : Yes / No
Speaking Order : Yes / No
vji
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https://www.mhc.tn.gov.in/judis
A.S. (MD) No. 40 of 2019
To
1. The learned Additional District Judge (Fast Track),
Tenkasi
2. The Section Officer,
VR Section,
Madurai Bench of Madras High Court,
Madurai.
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https://www.mhc.tn.gov.in/judis
A.S. (MD) No. 40 of 2019
R.N.MANJULA, J.
vji
A.S. (MD) No. 40 of 2019
and
C.M.P. (MD) No. 5245 of 2021
30.03.2022
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https://www.mhc.tn.gov.in/judis
