IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.R.RAMAN & THE HONOURABLE MR. JUSTICE P.BHAVADASAN WEDNESDAY, THE 12TH AUGUST 2009 / 21ST SRAVANA 1931 AS.No. 468 of 2001(D) --------------------- (AGAINST THE JUDGMETN AND DECREE DT.24.2.2001 IN OS.716/1995 of ADDL.SUB COURT, PARAVUR) .................... APPELLANT(S): -------------- THE CATHOLIC SYRIAN BANK LIMITED REP. BY ITS BRANCH MANAGER PERUMBAVOOR BRANCH BY ADV. SRI.VARGHESE C.KURIAKOSE SMT.M.A.VAHEEDA RESPONDENT(S): --------------- 1. K .A.JACOB, S/O.K.C.ANTONY KUZHIVELIKUDY HOUSE, PULLUVAZHY PERUMBAVOOR 2. N.E.ANTONY, S/O.ESTHAPPANU NEZHUNGON HOUSE PULLUVAZHY, PERUMBAVOOR 3. MARIAM, W/O.LATE ANTONY KUZHUVELIKUDY HOUSE, PULLYVAZHY PERMBAVOOR 4. ANTONY, S/O.LATE ANTONY KUZHUVELIKUDY HOUSE PULLUVAZHY, PERUMBAVOOR 5. ELISWA, D/O.LATE ANTONY KUZHIVELIKUDY HOUSE, PULLUVAZHY PERUMBAVOOR 6. MARIAM, D/O.LATE ANTONY KUZHUVELIKUDY HOUSE PULLUVAZHY PERUMBAVOOR ADV. SRI.S.V.BALAKRISHNA IYER, SENIOR ADVOCATE FOR R1 THIS APPEAL SUITS HAVING BEEN FINALLY HEARD ON 12/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.R.RAMAN & P.BHAVADASAN, JJ. -------------------------------------------------------- AS NO.468 OF 2001 -------------------------------------------------------- Dated 12th August 2009 Judgment RAMAN, J. The appellant is the Catholic Syrian Bank Limited. The appeal is against the judgment and decree passed by the court below. The suit is one for realisation of money. Though interest was claimed @ 15.5% per annum, the court below awarded interest only @ 6% per annum from the date of the decree. In the execution proceedings, various amounts were paid and the last payment was on 11.04.2008. It is stated by the learned counsel appearing for the 1st respondent as per memo filed that the court below has recorded satisfaction of the decree in EA No.534/08 in EP No.298/02. So, he prays that the appeal may be dismissed as fully settled. 2. The above contention of the learned counsel for the first respondent cannot be accepted for the simple reason that the execution petition is only based on the decree passed. Interest is awarded only @ 6%. The EP claim cannot go beyond the AS 468/01 2 decree, but if ultimately this appeal is allowed, further amounts will be due, depending upon the appellate decree. Therefore, the fact that merely because in the EP, the decree amount is recorded as satisfied, does not render the appeal as infructuous or as settled between the parties. Hence we reject the prayer made by the learned counsel for the first respondent in this regard. 3. Heard both sides. The court in exercise of its jurisdiction awarded 6% interest taking into consideration, the nature of the transaction. It is not an invariable rule that in all cases, interest should be awarded at such rate. But, in the present case, when the court below has considered and exercised its discretionary power in awarding interest @ 6% per annum and in the absence of anything to show that the said discretion has been exercised in any arbitrary manner, we do not find any merit in this appeal and it is accordingly dismissed on merits. P.R.RAMAN, JUDGE P.BHAVADASAN, JUDGE sta AS 468/01 3 AS 468/01 4