SLEEBACHEN Vs. STATE OF KERALA

JUDGEMENT

(1.) These Commercial Appeals are filed by the plaintiff in Commercial Suit Nos.27 to 30 of 2023 on the file of the Commercial Court (Principal Sub Court), Palakkad, invoking the provisions under sub-sec. (1A) of Sec. 13 of the Commercial Courts Act, 2015, read with its proviso. The suits against the respondents herein-defendants, for recovery of money, declaration and perpetual prohibitory injunction, were originally filed before the Principal Sub Court, Palakkad, which were numbered as O.S.Nos.738, 752, 753 and 778 of 2010. By the order in I.A.No.484 of 2013 joint trial was ordered, treating O.S.No.738 of 2010 as the leading case. Thereafter, by the order in I.A.No.1230 of 2023, those suits were converted as Commercial Suits and numbered as C.S.Nos.27 to 30 of 2023.

(2.) By a common judgment dtd. 25/8/2023 of the Commercial Court, C.S.Nos.27 of 2023 and 30 of 2023 were decreed and C.S.No.29 of 2023 and 28 of 2023 were decreed in part. The operative portion of the common judgment dtd. 25/8/2023 reads thus;

(3.) The judgment and decree in C.S.Nos.29 of 2023 and 28 of 2023 are under challenge in Coml.App.Nos.6 of 2024 and 7 of 2024, to the extent of granting interest only at the rate of 6% per annum for the decreed amount, instead of 12% per annum, and the direction to the parties to suffer their respective costs. The judgment and decree in C.S.Nos.30 of 2023 and 27 of 2023 are under challenge in Coml.App.Nos.8 of 2024 and 9 of 2024 to the above extent and also to the extent certain reliefs are declined.