builder and developer of the project, where the defendant nos. 1 to 3 bought the flat. The defendants had executed all the relevant documents in favour of the applicant. The defendant nos. 1 to 3 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.51,95,143.00 (Rupees Fifty One Lac Ninety Five Thousand One Hundred Forty Three Only), along with interest from the defendant nos. 1 to 3, jointly and severally, from the date of filing of the present Original Application till realization of the amount. The defendant no. 4 be directed to cancel the allotment and remit all amounts back to the applicant, received by it in respect of the apartment as per agreement. 10. In so far as pendent elite and future rate of interest is concerned, the applicant has claimed interest @9.25% p.a. plus 2.00% p.a. penal interest with monthly rests from 04.09.2025 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 property offered to mortgage, 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 simple interest @8.00% 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 defendant nos. 1 to 3 are liable to pay to the applicant a total sum of Rs.51,95,143.00 (Rupees Fifty One Lac Ninety Five Thousand One Hundred Forty Three Only), jointly and severally, with costs, current and future simple interest @8.00% p.a. in both the loan accounts from the date of filing of OA till the date of realization of the amount. Accordingly, the applicant shall be entitled to recover aforesaid amount from the sale of property offered to mortgage by the defendant nos. 1 & 2 in execution proceedings if not sold earlier under the provisions of the SARFAESI Act,
