IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR MONDAY, THE 7TH JANUARY 2008 / 17TH POUSHA 1929 AS.No. 654 of 1995(C) --------------------- OS.337/1993 of PRINCIPAL SUB COURT,KOLLAM .................... APPELLANT/PLAINTIFF: ----------- PUNJAB AND SIND BANK, MAIN ROAD BRANCH, KOLLAM, REP. BY ITS MANAGER. BY ADV. SRI.P.B.SURESH KUMAR RESPONDENTS/DEFENDANTS: ------------- 1. K.PREMACHANDRAN PILLAI, PROPRIETOR OF M/S.MEDILON PHARMACEUTICALS, P.B.NO.218, MAIN ROAD, KOLLAM, RESIDING AT PARAMESWARA BHAVAN, MUNDAKKAL WEST, KOLLAM. 2. T.ALLI, RESIDING AT PARAMESWARA BHAVAN, MUNDAKKAL WEST, KOLLAM. THIS APPEAL SUITS HAVING COME UP FOR ADMISSION ON 07/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K. PADMANABHAN NAIR ,J. ------------------------------------------------- A.S.No.654 of 1995 ------------------------------------------------- Dated, this the 7th day of January, 2008 JUDGMENT The plaintiff in a suit for money is the appellant. Appellant bank filed a suit on a mortgage for realisation of the amount due to it. The suit was decreed. But the trial court awarded interest at the rate of 6% per annum from the date of suit till the date of realisation with costs. Challenge in this appeal is confined to the interest portion alone. According to the appellant/plaintiff there was contract between the parties for a higher rate of interest and though a discretion is given to the trial court in the award of interest at the rate which it appears to be reasonable, the court below ought to have allowed the contract rate of interest. When a discretion is given to the trial court and the trial court exercised its jurisdiction, the appellate court cannot interfere with the same unless it appears to be perverse. By no stretch of imagination in this case, it can be held that the discretion exercised by the court below is perverse or illegal. So there is no scope for any interference in this appeal. It is only to be dismissed. In the result, appeal is dismissed under Order XLI Rule 11 of Civil Procedure Code. K. PADMANABHAN NAIR, JUDGE. cks K.PADMANABHAN NAIR, J. A.S.No.654 of 1995 JUDGMENT 7th January, 2008.