Supreme Court - Daily Orders
Shyam Kumar Narang vs Dilip Kumar Jethi on 10 February, 2015
Bench: Dipak Misra, Prafulla C. Pant
1
IN THE SUPREME COURT OF INDIA
CIVIL APPELLATE JURISDICTION
CIVIL APPEAL NO. 1760 OF 2015
(Arising out of SLP (C) No.24764 of 2012)
Shyam Kumar Narang … Appellant
VERSUS
Dilip Kumar Jethi & Anr … Respondents
WITH
CIVIL APPEAL NO. 1761 OF 2015
(Arising out of SLP (C) No.25683 of 2012)
O R D E R
CIVIL APPEAL NO.1761 OF 2015 @SLP (C) No.25683 OF 2012 Leave granted.
Heard Mr. Vivek Tankha, learned senior counsel for the appellant and Mr. Vivek Vishnoi, learned counsel for the respondent.
Having heard learned counsel for the parties and upon perusal of the judgment of the trial court and that of the High Court, we are of the considered view that denial of the decree for specific performance of the contract by the trial court as well as by the High Court cannot be found fault with. Signature Not Verified
However, we find that the Digitally signed by learned trial Judge, had held that the plaintiff is entitled to Gulshan Kumar Arora Date: 2015.02.21 12:13:40 IST Reason:
receive Rs.8,50,000/- (Rupees eight lacs and fifty thousand only) from the defendant nos.1 and 2 and thereafter has directed 2 interest to be paid at the rate of 6% per annum on the said sum. We are of the considered opinion that the rate at which the interest has been fixed is quite low and, therefore, we modify the rate of interest to 12% per annum to be paid from the date of payment of the amount by the plaintiffs to the defendants till the date of realization.
With the aforesaid modification in the judgment and decree passed by learned trial Judge as well as by the High Court, the appeal stands disposed of. The amount shall be paid within a period of four months from today. There shall be no order as to costs.
CIVIL APPEAL NO. 1760 OF 2015 @SLP (C) No.24764 OF 2012 Leave granted.
Heard Mr. Vivek Tankha, learned senior counsel for the appellant and Mr. Vivek Vishnoi, learned counsel for the respondent.
The appellant-plaintiff filed suit No.32-A of 2006 for specific performance of contract which was decreed by the trial court. On an appeal being preferred, the High Court dislodge the finding of the learned trial Judge and came to hold that there was no justification in passing the decree for specific performance of contract. However, the High Court opined that the plaintiff was entitled to the entire advance amounting to Rs.20,60,000/- 3 (Rupees twenty lacs and sixty thousand only). However, the High Court did not pass any order relating to interest. In our considered view, interest should have been directed to be paid. Taking into consideration the nature of transaction, the amount given, the efflux of time, without fixing any percentage of interest, we think the cause of justice would be best subserved, if the defendants-respondents pay a sum of Rs.65,00,000/- (Rupees sixty five lacs only) to the appellants by the end of August 2015 failing which the said sum shall carry an interest at the rate of 12% per annum.
The appeal is disposed of accordingly. There shall be no order as to costs.
................,J.
(Dipak Misra) ................,J.
(Adarsh Kumar Goel) New Delhi;
February 10, 2015.4
ITEM NO.8 COURT NO.5 SECTION IVA
S U P R E M E C O U R T O F I N D I A
RECORD OF PROCEEDINGS
Petition(s) for Special Leave to Appeal (C) No(s). 24764/2012
(Arising out of impugned final judgment and order dated 10/05/2012 in FA No.32/2010 passed by the High Court Of Chhatisgarh At Bilaspur) SHYAM KUMAR NARANG Petitioner(s) VERSUS DILIP KUMAR JETHI & ANR Respondent(s) (with appln. (s) for vacating interim order and interim relief and office report) WITH SLP(C) No.25683/2012 (With Interim Relief and Office Report) Date : 10/02/2015 This petition was called on for hearing today. CORAM : HON'BLE MR. JUSTICE DIPAK MISRA HON'BLE MR. JUSTICE PRAFULLA C. PANT For Petitioner(s) Mr. Vivek Tankha, Sr. Adv.
Mr. B.K. Satija, Adv.
Anushri Singh, Adv.
For Respondent(s) Mr. Sunil Gupta, Adv.
Mr. Deepak Goel, Adv.
Mr. Nipul Goel, Adv.
Mr. vivek Vishnoi, Adv.
Mr. M.R. Shamshad, Adv.
Ms. Parul Shukla, Adv.
UPON hearing the counsel the Court made the following O R D E R Leave granted in both the SLPs.
The appeals are disposed of in terms of the signed order.
(Gulshan Kumar Arora) (H.S. Parasher)
Court Master Court Master
(Signed order is placed on the file)