UOI Vs. KILPEST P LTD

JUDGEMENT

(1.) THIS appeal is directed against the order dated 22nd March, 1996 passed by the learned Single Judge disposing of the application of the appellant registered as ia No. 5048/1987.

(2.) A suit was instituted by the respondent seeking recovery of an amount of rs. 5,86,017. 65p on which ad valorem court fee was also paid. In the said suit the respondent, who was the plaintiff, also claimed interest @ 18% per annum on the aforesaid amount from the date of the last RR i. e. 30th August, 1978 to the date of institution of the suit i. e. 10th January, 1981. On 24th October, 1986, a decree was passed in favour of the respondent /plaintiff and against the appellant.

(3.) WE have perused the decree sheet in order to appreciate the contentions raised before us. A bare perusal of the said decree would indicate that a decree was passed for recovery of an amount of Rs. 5,86,017. 65p together with interest and costs of the suit and interest @18% per annum pendente lite as also from the date of the decree till realisation of the decretal amount The said amount, as due and payable in terms of the decree passed, was also paid by the appellant to the respondent treating the decree for recovery of Rs. 5,86,017. 65p along with the interest payable thereon. Subsequent to the same, an application was filed by the appellant contending, inter alia, that the appellant is entitled for restitution of a sum of Rs. 1,94,418. 23p in terms of the provisions of Section 144 of the Code of Civil Procedure. The plea raised was that the principal amount, which was mentioned in the suit filed by the plaintiff ? decree holder, was Rs. 4,12,665/- and on the said principal amount the plaintiff had claimed interest @ 18% per annum from 30th August, 1978 to the date of the institution of the suit i. e. 10th January, 1981, which amounted to an amount of rs. 1,73,352. 65 contending that in view of the aforesaid position the suit was filed by the respondent/plaintiff for recovery of Rs. 5,86,017. 65p, the appellant would be entitled to restitution of the aforesaid sum of Rs. 1,94,418. 23p. as the plaintiff/decree holder wrongly calculated pendente lite interest and future interest on the decretal amount which includes interest of Rs. 1,73,352. 65p whereas he was entitled to interest on the principal amount of Rs. 4,12,665/ -.