Dismissed

State Bank of Travancore, Tripunithura v. Rekha Paul

Kerala HC30 Mar 2023RFA/644/2005

Case brief

AI extract

What is this about?

In this regular first appeal against a judgment in a money recovery suit, the High Court held that interference was uncalled for as the underlying decree had already been satisfied by the execution of security and auction. The appeal challenging the lower court's interest rate was therefore dismissed.

What did the court decide?

The appeal is dismissed and the parties are left to bear their respective costs.

State Bank of Travancore, Tripunithura Vs Rekha Paul — Kerala HC (2023) — LawSathi Research

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN

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THURSDAY, THE 30^TH DAY OF MARCH 2023 / 9TH CHAITHRA, 1945

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RFA NO. 644 OF 2005

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AGAINST THE JUDGMENT IN OS 349/2003 OF I ADDITIONAL SUB COURT,

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ERNAKULAM

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APPELLANT/PLAINTIFF:

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STATE BANK OF TRAVANCORE, TRIPUNITHURA REPRESENTED BY ITS CHIEF MANAGER.

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BY ADVS. SMT.SALLY THOMAS CHACKO SMTJ.N.NISHA SRI.P.T.THOMAS PERAKATH

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RESPONDENTS/DEFENDANTS:

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1 REKHA PAUL, W/O.PAUL T. JACOB, THUDIEN HOUSE, KANDANAD P.O. KANDANAD.

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2 PAUL.T.JACOB, S/O.SRI.JACOB, THUDIEN HOUSE, KANDANAD P.O. KANDANAD.

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THIS REGULAR FIRST APPEAL HAVING COME UP FOR ADMISSION ON 30.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING :

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R.F.A.644/2005

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C.JAYACHANDRAN, J

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R.F.A.No.644 of 2005 ----------------------Dated this the 30^th day of March, 2023

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J U D G M E N T

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The State Bank of Travancore, Tripunithura

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Branch [as it existed then] is the appellant. Under challenge in this appeal the judgment and decree in

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O.S.No.349/2003 of the Additional Sub Court,

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Ernakulam. The short compass of the appeal is with respect to the rate of interest awarded by the court below in a suit for realization of money, based on a loan transaction advanced by the plaintiff/appellant to the defendants/respondents. The defendants remained ex parte and the learned Sub Judge decreed the suit by allowing realization

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of the principal amount sought for, but, with interest @6% per annum only, as against a claim of 12.62% per annum on the premise that the

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R.F.A.644/2005

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transaction in question was a commercial one.

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2. Heard Smt.Sally Thomas Chacko learned counsel for the appellant/bank. There is no representation for the respondents.

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3. Learned counsel for the appellant invited the attention of this Court to the Proviso to S.34 of the Code of Civil Procedure, to contend that the appellant/bank is entitled to interest @12.62% for the amount due. However, to a specific query put by this Court, it was submitted that the execution proceeding has been concluded, after putting the property offered as security for court auction and satisfying the amount due under the decree.

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4. In as much as the decree has been satisfied, this Court is of the view that an interference at this distance of time is uncalled for. The judgment impugned is dated 28.01.2005. The transaction in

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R.F.A.644/2005

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question was of the year 2001. The overall circumstances persuades this Court not to interfere with the judgment impugned, with the result, this appeal fails and the same is hereby dismissed, leaving the parties to bear their respective costs.

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Sd/-

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JUDGE

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Sbna/

State Bank of Travancore, Tripunithura v. Rekha Paul

Case brief

What is this about?

What did the court decide?

State Bank of Travancore, Tripunithura v. Rekha Paul

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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