This revision petition challenged an order allowing a defendant to reduce the mortgage interest rate from 18% to 6%. The High Court modified the order, upholding the principal amount but restoring the interest rate to 18% per annum as per the deed's recitals.
Impugned order modified; interest rate restored to 18% p.a. instead of 6% p.a.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CRP(MD)No.776 of 2012
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
RESERVED ON : 29.04.2021
PRONOUNCED ON : 02.06.2021
CORAM:
THE HONOURABLE MR.JUSTICE A.A.NAKKIRAN
CRP(MD)No.776 of 2012 MP(MD).No.1 of 2012
(Through Video Conferencing)
P.Rajendran
Petitioner/Plaintiff/Respodent
Vs
1.R.M.K.R.Durairaj (died)
2.D.Sakthi Velusamy Respondents
(2nd respondent is brought on record as
LRs of deceased sole respondent vide
Court Order dated 02.03.2020 made in CMP(MD) Nos. 664, 665 and 667/2020)
Prayer:- This Civil Revision Petition has been filed, under Section 115 of the Civil Procedure Code, against the order dated, 13.02.2012, made in IA.No.702 of 2011 in OS.No.78 of 2000, by the Sub Court, Palani.
For Petitioner : Mr.S.Anand Chandrasekar for M/s. Sarvabhauman Associates For 2nd Respondent : Mr.Gomathi Sankar-R2
ORDER
1.This Civil Revision Petition has been filed, against the order dated, 13.02.2012, made in IA.No.702 of 2011 in OS.No.78 of 2000, by the Sub Court, Palani.
1/3
CRP(MD)No.776 of 2012
the sum of Rs,1,10,845/- shall carry future interest at 18% p.a. from that date till the date of realisation. On 24.02.2005, the final decree was passed in IA.No.309 of 2004, for bringing the suit property for sale in auction. The Defendant had filed the application in IA.No.702 of 2011 seeking to calculate the interest on the suit mortgage amount and also to reduce the rate of interest. The Plaintiff had filed a counter, seeking for dismissal of the said application. In and by the impugned order, the application was allowed. Hence, this Civil Revision Petition has been filed.
2/3
CRP(MD)No.776 of 2012
Assistant Registrar (CS I)
/ /2021 Sub Assistant Registrar(CS)
To
1.The Sub Court, Palani
+1 CC to M/s.G.GOMATHI SANKAR, Advocate ( SR-18639[F] dated 02/06/2021 )
Order in CRP(MD)No.776 of 2012 Dated 02.06.2021
AS(11.06.2021)3P 3C
3/3
3 issues framed by the court
Whether the lower court erred in reducing the rate of interest from 18% to 6% p.a. without considering the recitals of the mortgage deed.
Whether the principal amount fixed for interest calculation as per the mortgage deed should be upheld.
Whether the impugned order awarding 6% interest warrants interference by this Court.
1 provisions across 1 enactments
P.Rajendran
D.Sakthi Velusamy
A.A.Nakkiran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
