1 FA 2198.2010 FARAD CONTINUATION SHEET NO. IN THE HIGH COURT OF JUDICATURE AT BOMBAY BENCH AT AURANGABAD FIRST APPEAL NO. 2198 OF 2010 Office Notes,Office Memoranda of Coram,appearances, Court's orders or directions and Registrar's orders Court's or Judge's orders Mr. V.R.Mundada,Advocate for the appellant. .......................... CORAM : S.V. GANGAPURWALA, J. DATE : 06/04/2011 PER COURT : 1. Heard Mr. V.R.Mundada, the learned counsel for the appellant. 2. The Judgment impugned is dated 20/12/1989. The Appeal is limited to the extent of grant of simple interest in lieu of quarterly interest from the date of disbursement, so also, future interest @ 6 % per annum and instalments. As far as relief as against the instalment is concerned, the same does not survive by lapse of time. The appellant - bank had charged interest with quarterly rests from the date of disbursement till the date of filing of the Suit. The trial Court has awarded interest at the simple rate from the date 2 FA 2198.2010 of disbursement till filing of the Suit. The amount by which the plaintiff would be aggrieved by grant of less rate of interest since the date of disbursement till the date of filing of the Suit is susceptible to monitory loss and the court fees could be payable on the same. The plaintiff has not paid any court fees on the said amount. More over, though the matter was filed in the year 1990, it was under objection and it become ready in the year 2010. Mr. V.R. Mundada, the learned counsel states that no details of the account can be gathered as to whether the account is closed or not. 3. In light of the above facts and for non payment of court fees, the First Appeal is dismissed, however with no order as to costs. [ S.V. GANGAPURWALA,J. ] KNP/FA 2198.2010