THE HON’BLE SRI JUSTICE N.R.L.NAGESWARA RAO A.S.NO.140 OF 1997 JUDGMENT:- The plaintiffs in O.S.No.33 of 1986 on the file of the Court of Subordinate Judge, Nizamabad are the appellants herein. The suit one was filed for recovery of a sum of Rs.76,324-28 paise with costs and future interest @ 24% p.a. on the basis of commercial transaction between the plaintiffs and defendant. The defendant has denied the liability and after considering the evidence on record, the lower court has passed a decree for Rs.73,714- 82 paise with future interest at 2% per annum from the date of suit till the date of the realisation. The defendant has not filed any appeal questioning the liability. The appeal is filed by the plaintiffs challenging the award of interest of 2% p.a. which is said to have been inadvertently mentioned in the plaint in para.5 in stead of 24% p.a. and therefore, the plaintiffs claim interest @ 24% p.a. after the decree. Now the point that arises for consideration is:- Whether the appellants are entitled for the interest higher than the amount granted by the lower court? POINT:- The learned counsel for the appellants contends that the suit is one for recovery of money in a commercial transaction and even prior to the suit also the interest was higher and by mistake in stead of mentioning it as 24% p.a. it was mentioned as 2% p.a. Evidently, it can be as 2% per month. As per Section 34 C.P.C. this Court has got discretion to grant interest from the date of decree. Evidently, the agreement between the parties stipulates for payment of interest. Therefore, in view of the above circumstances, granting of future interest @ 2% p.a. is too low and keeping in view the provisions under Section 34 C.P.C, the interest on the suit amount is granted @ 12% p.a. from the date of suit till date of decree and 6% p.a. from the date of decree till the date of realisation and the claim for 24% p.a. as pleaded by the appellants cannot be accepted. If the defendant has challenged the liability for the suit amount in any other appeal, the same interest shall be payable subject to the result of the appeal. Accordingly, the Appeal Suit is allowed in-part while granting the interest on the suit amount @ 12% p.a. from the date of suit till date of decree and thereafter @ 6% p.a. from the date of decree till date of realisation. _______________________ N.R.L. NĀGESWARA RĀO,J 20-10-2011 TSNR