S.A. No.1326 of 2001 Hon’ble V.K.Bist, J. MCC No.938 of 2010 (Money Remit/Withdrawal Appl.) Shri V.K. Kohli, learned Senior Advocate assisted by Shri I.P. Kohli, learned counsel for the applicant/ appellant. Shri Sudhir Kumar, learned counsel for the respondent. Heard learned counsel for the parties. This application has been filed by the applicant permitting the applicant/ appellant to withdraw a sum of ` 79,630/ - which stands deposited in excess in this Court. Present Second Appeal is against the judgment and decree dated 18.06.2001 passed by Additional District Judge/ F.T.C.-4, Nainital in Civil Appeal no.108 of 1997 whereby the judgment and decree dated 23.06.1989 passed by Civil Judge, Nainital in Original Suit no.32 of 1983 was upheld. During the pendency of the appeal, the appellant deposited a sum of ` 3,85,000/ -, out of which ` 85,000/ - was deposited before the Trial Court on 25.08.1989 and ` 3,00,000/ - before this Court on 08.01.2003. The Second Appeal was partly allowed by this Court on 01.09.2005. This Court reduced the rate of interest on the sum of ` 1,67,000/ - from 12% per annum to 6% per annum. Since, the rate of interest is reduced to 6% per annum, the applicant is entitled for the excess amount deposited by applicant/ appellant before this Court. Learned counsel for the appellant submitted that in this way, the applicant is entitled for the excess amount i.e. ` 79,630/ - which was deposited by applicant/ appellant in this Court which is in excess to the decreetal amount. Learned counsel for the parties submitted that the excess amount deposited by the appellant may be remitted back to the Trial Court. Having heard learned counsel for the parties, the Registry is directed to remit the amount to the Trial Court and the Trial Court is directed to make payment of the decreetal amount to the defendant/ respondent and balance excess amount, if any, be paid to the plaintiff/ appellant in accordance with the judgment dated 01.09.2005 passed by this Court within a period of two months from the date of production of certified copy of the order. Application stands disposed of. ( V.K. Bist , J.) 09.11.2010 Arpan