ASHWIN KUMAR GANDHI Vs. SANJAY MISHRA

JUDGEMENT

(1.) THE instant appeal lays a challenge to the order dated May 02, 2006 disposing of IA No.11698/2002 filed by the appellants under Order 37 Rule 3(5) of the Code of Civil Procedure. Leave to defend was granted to the appellants to defend the suit with respect to the rate at which interest could be claimed on the sum of Rs. 29,22,000/- which was decreed along with interest @ 9% per annum from the date when the suit was filed till realization.

(2.) DURING the pendency of the appeal, the suit was disposed of directing that on the earnest money paid i.e. Rs. 3,21,000/- the respondent would be entitled to interest @9% per annum from December 9, 2000 till the suit was filed on August 9, 2002.

(3.) THE learned Single Judge, after noting as aforesaid, has returned a finding that the appellants did not dispute having received Rs. 26,01,000/- and it not being disputed that the agreement to sell had a penalty clause towards damages as pleaded in the plaint, has concluded that the respondent would be entitled to a decree in sum of Rs. 29,22,000/- and would be entitled to interest, in the least @9% per annum, from the date when the suit was filed till realization.