IN THE HIGH COURT OF KERALA AT ERNAKULAM
AS.No. 462 of 2002(C)
1. VIJAYA KUMAR (VIJAYAN KURUP),
... Petitioner
Vs
1. SANTHAMMA, D/O. DEVAKI AMMA,
... Respondent
For Petitioner :SRI.M.RAJAGOPALAN NAIR
For Respondent :SRI.M.R.RAJESH
The Hon'ble MR. Justice V.RAMKUMAR
Dated :27/08/2009
O R D E R
V. RAMKUMAR , J.
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A.S. No. 462 of 2002
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Dated this the 27th day of August, 2009.
JUDGMENT
The sole defendant in O.S No. 99 of 1995 on the file of
the Sub Court, Attingal is the appellant in this appeal. The
said suit was for realisation of a sum of Rs.44,975/- being
the principal amount of Rs.35,000/- and interest thereon
due under Ext.A1 promissory note dated 16.08.1993 and
Ext.A2 cheque dated 30.04.1994. Even though the
appellant contested the suit, the court below as per
judgment and decree dated 31.01.2002 decreed the suit as
prayed for with interest at the rate of 18% from the date of
suit till realisation. It is the said decree which is assailed in
this appeal.
2. As for the liability of the appellant, the same cannot be
disputed in the light of the documentary and oral evidence
adduced in support of the plaintiff. The suit was rightly
decreed by the court below for the amount covered by Exts.
A.S No. 462/2002 : 2 :
A1 and A2.
3. The surviving question is as to the rate of interest.
Admittedly, the suit amount was a personal loan availed of
by the defendant from the plaintiff and it was not a
commercial transaction warranting high rate of interest.
Accordingly, the percentage of interest is reduced to 12%
from the date of suit till decree and thereafter at the rate of
6% from the date of decree till realisation. The decree will
stand modified to the limited extent as above.
In the result, this appeal is dismissed modifying the
percentage of interest as above. No costs.
dated this the 27th day of August, 2009.
V. RAMKUMAR, JUDGE.
rv
A.S No. 462/2002 : 3 :
V. RAMKUMAR, J.
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A.S. No.462 of 2002
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27th day of August, 2009.
JUDGMENT
A.S No. 462/2002 : 4 :