1 IN THE HIGH COURT OF BOMBAY AT GOA SECOND APPEAL NO.84 OF 2011 Shri Nouso Nana Kepkar, Son of Nana Kepkar, major of age, residing at F-1, Birondi, Benaulim, Salcete, Goa. …. Appellant V/s Smt. Priti Sanjay Falari, Wife of Sanjay Falari, of major age, r/o. H.No.78/C/2, Ghantamorod, Aquem-Baixo, Salcete, Goa. …. Respondent Shri V. P. Thali, Advocate for the Appellant. Shri Sudesh Usgaonkar, Advocate for the Respondent. CORAM : F.M. REIS, J. DATE : 21st NOVEMBER, 2011 JUDGMENT : Heard Shri V.P. Thali, learned Counsel appearing for the appellant and Shri Sudesh Usgaonkar, learned Counsel appearing for the respondent. 2. Admit on the following substantial question of law: a) Whether Section 80 of the Negotiable Instruments Act, 1881 was at all attracted to the facts and circumstances of the case? If in the affirmative, whether the Courts could have awarded interest at the rate of 18% p.a. for pre- 2 suit and pending suit periods as also further interest? 3. With the consent of the learned Counsel, the above Second Appeal was heard finally. The learned Counsel appearing for the respondent waives service. 4. By the impugned judgment, the appellant has been ordered and decreed to pay to the respondent a sum of Rs.2 lacs together with interest at the rate of 18% p.a. from 15/04/2005 up to the date of the payment and further a sum of Rs.1 lac together with interest at the rate of 18% p.a. from 15/03/2006 up to the date of the payment. 5. At the hearing of the above appeal, both the learned Counsel have pointed out that the dispute between the parties has been amicably settled and the parties have drawn consent terms whereby the parties have agreed for a consolidated payment of an amount towards full satisfaction of the amount payable by the impugned Judgment and decree. The consent terms dated 18/11/2011 duly signed by the appellant as well as respondent and their respective advocates are taken on record and marked 'X' for identification. 3 Consent terms have been duly signed before the Section Officer of this Court. Along with the consent terms an undertaking has been furnished by the appellant dated 18/11/2011 to the effect that that appellant shall pay the amount in terms of the consent terms. The undertaking is accepted. Both the learned Counsel, as such, submitted that the above appeal be disposed of in accordance with the consent terms. 6. In view of the above, I pass the following order: O R D E R (i) The appeal is partly allowed. (ii) The impugned judgment and decree passed by the Courts below dated 5/01/2009 and dated 29/06/2010 are modified in terms of the consent terms at annexure 'X'. (iii) Suit filed by the respondent stands disposed of in terms of the consent terms. (iv) The appeal stands disposed of in the above terms with no order as to costs. F.M. REIS, J. NH/-