the Term Loan, which was granted to him. Defendant no. 2 stood as guarantor. Thereafter, defendants approached applicant for availing of the Housing Loan, which was granted to them. Defendants had executed all the relevant documents in favour of the applicant. The defendants failed to pay back the loans as per terms and conditions of the agreement between the parties. Subsequently, both the accounts of the defendants were classified as NPA. From the documentary evidence brought on record, it is proved that applicant is entitled to recover a sum of Rs.29,55,330.43 (Rupees Twenty Nine Lac Fifty Five Thousand Three Hundred Thirty and Paise Forty Three Only), along with interest from the defendants, jointly and severally, from the date of filing of the present Original Application till realization of the amount. 10. In so far as pendent elite and future rate of interest is concerned, the applicant has claimed interest @10.20%p.a. in Term Loan and @7.45% p.a. in Housing Loan plus penal interest @2.00% p.a. with monthly rests from 01.05.2022 till the realization. The Tribunal is of the considered opinion that sometimes in appropriate cases the prerogative of mercy is the brightest jewel in the crown of the Judge. Keeping in view the facts and circumstances of the instant case including nature of the mortgaged property, undertaking of the defendants, quantum of loans and prevalent market rates of interest which have gone drastically downhill in yester years, while exercising the discretion vested in this Tribunal, this Tribunal deems it just and appropriate to grant uniform simple interest @7.45% p.a. in both the loan accounts from the date of filing of the OA till realization of the amount ordered vide this final order. It is ordered accordingly. 11. In the result, the application is allowed declaring that the defendants are liable to pay to the applicant a total sum of Rs.29,55,330.43 (Rupees Twenty Nine Lac Fifty Five Thousand Three Hundred Thirty and Paise Forty Three Only), jointly and severally, with costs, current and future simple interest @7.45% p.a. in both the loan accounts from the date of filing of OA till the date of realization of the
