BHARAT CHAUDHARY Vs. DEEPA GUPTA

JUDGEMENT

(1.) THE appellant in both the appeals is the same. The respondent/s in the two appeals are closely related to each other.

(2.) BOTH appeals challenge the money decree in the suits instituted by the respective respondent(s) against the appellant. While RFA No.199/2012 impugns the judgment and decree dated 6th January, 2012 of the Court of the Additional District Judge (ADJ) (Central) 12, Tis Hazari Courts, Delhi in Case No.400/2009 (Unique Case ID No.02401C5966552004), of recovery of Rs.6,91,200/- with simple interest at 15% per annum from 25 th December, 2001 till the date of decree and future simple interest at 15% per annum on the principal amount of Rs.6,91,200/- and interest due till the date of decree, RFA No.248/2012 impugns the judgment and decree dated 27 th September, 2006 of the Court of ADJ, Delhi in Suit No.3/2004 of recovery of Rs.1,87,723/- with interest at the rate of 24% per annum from the date of filing of the suit till realization, both against the appellant.

(3.) RFA No.248/2012 was accompanied with an application for condonation of 1978 days delay in filing the same. The said appeal along with the application for condonation of delay came for consideration on 1 st June, 2012, when the file of RFA No.199/2012 was also requisitioned in the Court. Mr. G.L. Rawal, Senior Advocate (wrongly recorded as Mr. P.K. Rawal, Sr. Adv.) appearing for the appellant on that date informed the Court that the endeavour of the appellant was to pay amounts to the respondent(s), however, the rate of interest be scaled down from 24% to 12% per annum for pendente lite and future; he also offered to deposit Rs.2 lakhs in the Court and undertook to deposit the balance decretal amount of Rs.1,87,723/- along with pendente lite and future interest at 12% per annum, also on or before 31st July, 2012. The senior counsel then appearing for the appellant also stated that the appellant was agreeable to pay the decretal amount of Rs.6,91,200/- subject matter of RFA No.199/2012 along with simple interest at 7 1/2% per annum from 25 th December, 2001 till payment.