1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO.1743 OF 2009 WITH CIVIL APPLICATION 4443 OF 2009 Rajiv A. Gandhi and anr. ..Appellants. Vs. Prakash R. Raleraskar and ors. ..Respondents. Mr. J.S.Deo for the Appellants. Mr.P.P.Killedar for the Respondents. CORAM :R.S.MOHITE, J. DATE : 15th January, 2010 P.C. 1 Heard both sides. 2 Admit. 3 Since the Advocate for the appellant states that he is only aggrieved by grant of 15% interest from the date of receipt of the amount i.e. from 4.10.2003 till its full realization. In my view, appeal can be disposed off finally. Hence, matter is heard forthwith. Advocate of the appellants states that under the provisions of Section 34 of the C.P.C., the court could not have granted 2 interest at 15% p.a. and ought to have granted interest at 6% p.a. On perusal of the section, it appears that the court can grant reasonable interest to be paid on the principal amount from the date of the suit till the date of the decree. It can also grant further interest not exceeding 6% p.a. from the date of the decree till the date of payment or till such date court may thinks fit. In the circumstances, in my view, impugned decree is required to be modified. In the circumstances, impugned decree is partly modified as follows. ORDER a) Suit is decree with costs against the defendants 1 to 4 jointly and severally. b) The defendant Nos. 1 to 4 shall refund the earnest amount of Rs.10,00,000/- to the plaintiff with simple interest at 15% p.a. from the date of the suit till the date of the decree i.e. from 14.9.2009 and at the rate of 6% p.a. from 15.9.2009 till its full realization. 3 c) Relief of specific performance of agreement of sale is hereby refused. d) Decree be drawn up accordingly. e) Civil application No.4443 of 2009 stands disposed off. (R.S.MOHITE, J.)