IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN FRIDAY, THE 7TH AUGUST 2009 / 16TH SRAVANA 1931 AS.No. 552 of 1998(C) ------------------------ OS.455/1993 of PRINCIPAL SUB COURT,KOLLAM .................... APPELLANTS/DEFENDANTS: ------------------------------- 1. GIRIJA MUTHUKRISHNAN, KUMBALATHU PURAYIDOM, ANDAMUKKAM WARD, KOLLAM VILLAGE. 2. B. MUTHUKRISHNAN, KUMBALATHU PURAYIDOM, ANDAMUKKAM WARD, KOLLAM VILLAGE. BY ADV.SRI.A.M.SHAFFIQUE, SENIOR ADVOCATE RESPONDENT/RESPONDENT: -------------------------------- BUSINESS CHITTY FUND (ASRAMAM) PVT. LTD., ASRAMAM, KOLLAM, REPRESENTED BY ITS MANAGING DIRECTOR M.K.VIJAYAKUMARAN PILLAI, S/O.K.P.MADHAVAN PILLAI, RESIDING AT SOBHANAM, ASRAMAM, KOLLAM. ADV. SRI.N.SUKUMARAN SRI.S.SHYAM FOR SRI.BOBY MATHEW FOR THIS APPEAL SUIT HAVING BEEN FINALLY HEARD ON 07/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ORDER ON CMP. 4429/1998 IN AS.552 OF 1998 ----- DISMISSED. 7/8/2009. SD/- A.K. BASHEER, JUDGE. SD/ P.S.GOPINATHAN, JUDGE. (TRUE COPY) A. K. Basheer & P. S. Gopinathan, JJ. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - A.S. No. 552 of 1998-C - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 7th day of August, 2009. Judgment Basheer, J: This appeal is at the instance of the defendants in a suit for realisation of money based on a promissory note. The court below decreed the suit allowing the plaintiff to recover a sum of Rs.1,21,520/- with interest at 12% per annum on the principal sum of Rs. One Lakh from the date of suit till the date of decree and at 6% per annum thereafter till realisation. 2. When this appeal was taken today for hearing, learned counsel for the appellant submitted before us that he would confine his argument only to the rate of interest awarded by the court below. It is contended by the learned counsel that the court below was not justified in awarding interest to the plaintiff at the rate of 12% per annum from the date of suit till the date of decree. 3. We have carefully considered the pleadings and the materials available on record. We have heard learned counsel for the plaintiff also. 4. In the peculiar facts and circumstances of the case, we are satisfied that the pre-decretal interest awarded by the court below is liable to be modified and reduced. 5. Accordingly it is held that the plaintiff shall be entitled to realise the principal amount with interest at the rate of 6% per annum from the date of suit till the date of realisation. In all other respects, the decree and judgment passed by the court below are sustained. Appeal Suit is disposed of in the above terms. A.K. Basheer Judge P. S. Gopinathan Judge an.