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S.Ramamoorthy v. T.Kaveri

Madras HC4 Feb 2026SA/385/2023

Case brief

AI extract

What is this about?

Second appeal; Section 100 CPC; interest reduction from 12% to 9%; refund of Rs.3 lakhs; no contractual interest between lender and borrower; petty-shop borrower; execution-court deposits of 11.07.2023 and 10.02.2025; return of Ex.P.5 title deed dated 14.12.2001; Krishnagiri courts; Madras High Court; Justice T.V.Thamilselvi; disposal without costs.

What did the court decide?

Interest on the refund decree reduced from 12% to 9% per annum; appellant to calculate interest and pay the balance within four weeks; respondent permitted to withdraw on deposit; Ex.P.5 title deed dated 14.12.2001 to be returned to the appellant after deposit of the entire amount; Second Appeal disposed of with no costs. ¶28

S.Ramamoorthy Vs T.Kaveri — Madras HC (2026) — LawSathi Research

What the court decided

AI extract

Outcome

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Issue for consideration

Whether the interest at 12% per annum awarded by the courts below on the decree for refund of Rs.3 lakhs should be reduced, given the appellant's contention that no contractual interest was fixed between the parties and the principal stands paid/deposited.

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Court's answer

Considering the facts and circumstances, including that the appellant/defendant is running a petty shop, this Court is inclined to reduce the interest on the refund decree from 12% to 9%.

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Ratio / Principle

The appellant is directed to calculate interest at the reduced rate and pay the balance amount within a period of four weeks from the date of receipt of a copy of this Order.

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Key takeaways

On such deposit, the respondent is permitted to withdraw the amount.ratio¶26
After deposit of the entire amount before the Execution Court, on an application by the appellant/defendant, the trial Court is directed to return Ex.P.5 title deed dated 14.12.2001 (relating to the appellant's property) to the defendant.ratio¶27

Detailed headnote1 paragraphs

Madras High Court (T.V.Thamilselvi, J.), SA No. 385 of 2023, disposed of on 04-02-2026: Defendant-appellant challenged the concurrent findings of the Additional Special Court, Krishnagiri (O.S.No. 166 of 2015, decree dated 19.10.2019) and the Principal District Court, Krishnagiri (A.S.No. 33 of 2020, decree dated 07.09.2022), whereby refund of Rs.3 lakhs with 12% interest was ordered. Counsel contended only Rs.3 lakhs was borrowed with no contractual interest fixed, and the principal stood deposited (Rs.one lakh on 11.07.2023 and Rs.2 lakhs on 10.02.2025 before the Execution Court). Considering the appellant runs a petty shop, the Court reduced the interest from 12% to 9%, directed the appellant to calculate interest and pay the balance within four weeks, permitted the respondent to withdraw on deposit, and ordered return of Ex.P.5 title deed dated 14.12.2001 to the defendant after deposit of the entire amount. Appeal disposed of; no costs.

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SA No. 385 of 2023

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

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DATED: 04-02-2026

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CORAM

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THE HONOURABLE MRS.JUSTICE T.V.THAMILSELVI SA No. 385 of 2023

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S.Ramamoorthy S/o L.Subramani, Sri Basavana Kovil Village, Guruvinayanapalli Post, Krishnagiri Taluk and District.

Appellant(s)

1. T.Kaveri

S/o Thanappan, Sri Basavana Kovil Village, Guruvinayanapalli Post, Krishnagiri Taluk and District.

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Respondent(s)

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PRAYER : Second Appeal filed under section 100 of Code of Civil Procedure to set aside the judgment and decree passed in A.S.No. 33 of 2020 dated 07.09.2022 on the file of the Principal District Court, Krishnagiri confirming the judgment and decree passed in O.S.No. 166 of 2015 dated 19.10.2019 on file of the Additional Special Court, Krishnagiri.

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For Appellant(s): Mr.C.Jagadish For Respondent(s): Mr.B.Bharath Kumar For Mr.V.Nicholas

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https://www.mhc.tn.gov.in/judis

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SA No. 385 of 2023

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ORDER

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Challenging the concurrent findings of the Courts below, the defendant has filed the present Second Appeal, with regard to repayment of the amount with interest at the rate of 12% is under challenge.

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The learned counsel appearing for the appellant would submit that the appellant is running a small petty shop and that he had only borrowed a sum of Rs.3 lakhs from the plaintiff and there is no contractual interest fixed between them. The courts below, without considering the same has awarded 12% interest. He further submits that he had already paid the principal of Rs.3 lakhs and as he is not able to mobilize funds, interest awarded by the Courts below has not been paid. Hence, the present appeal.

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Admittedly, the respondent/plaintiff has not filed any appeal as on date. The decree is for refund of Rs.3 lakhs together with interest at the rate of 12% per annum. Further, the appellant had already deposited the sum of Rs.3 lakhs, on 11.07.2023 he had deposited Rs.one lakh before the Execution Court and as per direction of this Court, the appellant had further deposited a sum of Rs.2 lakhs on 10.02.2025 before the Execution Court.

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Considering the above facts and circumstances, since the appellant is

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running a petty shop, this Court is inclined to reduce the interest from 12 % to

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https://www.mhc.tn.gov.in/judis

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SA No. 385 of 2023

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9%. The appellant is directed to calculate interest and pay the balance amount

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within a period of four weeks from the date of receipt of a copy of this Order.

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On such deposit, the respondent is permitted to withdraw the amount. The

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appellant is permitted to receive the original document filed by the plaintiff before the trial Court, since it relates to his property. He is entitled to receive the title deed dated 14.12.2001, which was marked as Ex.P.5 before the trial Court by filing appropriate application. After deposit of the entire amount before the Execution Court, on an application being filed by the appellant/defendant, the trial Court is directed to return Ex.P.5 title deed dated 14.12.2001 to the defendant.

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