S.Nallthambi v. Jaya
Case brief
What is this about?
In this second appeal, the Single Judge held that 12% interest pendente lite and 6% post-decree interest were exorbitant. The court modified the decree to award 9% interest from the date of suit to the decree and 6% thereafter until realization.
What did the court decide?
Modified the decree to award 9% interest per annum from the date of suit till the date of decree and 6% per annum from the date of decree till realisation on Rs. 2,55,000/-
What the court decided
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED:12.04.2011
Coram:
THE HONOURABLE MR.JUSTICE G.RAJASURIA
S.A.No.462 of 2010 and
M.P.No.1 of 2010
S.Nallthambi ... Appellant / 1st Defendant
vs.
1.Jaya
2.Saraswathy
3.Thamarai Shankar ... Respondents / Plaintiff & Defendants
2 & 3
This second appeal is filed against the judgement and decree in AS.No.22/07 dated 31.12.2008 passed by the Principal District Judge, Namakkal, confirming the judgment and decree dated 26.9.2006 passed by the Subordinate Judge, Namakkal, in O.S.No.322 of 1998.
For Appellants : Mr.D.Nellaiappan For Respondents : Ms.P.T.Asha M/s.Sarvabhauman Associates for R1 JUDGMENT
This second appeal is filed by D1, inveighing the judgement and decree dated 31.12.2008 passed by the Principal District Judge, Namakkal, confirming the judgment and decree dated 26.9.2006 passed by the Subordinate Judge, Namakkal, in O.S.No.322 of 1998, which was filed for recovery of money.
Issues for consideration
3 issues framed by the court
Whether the awarding of 12% interest per annum pendente lite in the absence of strong reasons or contract is tenable under Section 34 of the Code of Civil Procedure.
Whether the courts below erred in awarding 6% per annum from the date of the decree till realisation contrary to statutory limits.
What is the reasonable rate of interest to be awarded replacing the exorbitant rate awarded by the courts below.
Parties & counsel
- appellant
S. Nallthambi
- respondent
Jaya
- respondent
Saraswathy
- respondent
Thamarai Shankar
Coram
Case details
As recorded by the court registry
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