L.Logaraja v. M/S.City Housing Nidhi Limited

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09.12.2024

CORAM:

THE HON'BLE MR.JUSTICE N.SATHISH KUMAR and C.M.P.No.2874 of 2023

1. Logaraja and 2 others ... Petitioners/Defendants -vsM/s.City Housing Nidhi Limited, Rep. by its General Manager, Authorized Person Mr.Shanmugam, No.447/23(4), Prabha Complex, Boyampalayam Bus Stop, P.N.Road, Tirupur North Taluk, Tiruppur District-641 602.

... Respondent/Plaintiff For Petitioners : Mr.P.Thinesh For Respondent : Mr.K.Venkateswaran *****

O R D E R

A settlement had been arrived at before the Lok Adalat, pursuant to which, an Award had been passed for Rs.25,00,000/-. On 05.08.2024, this Court dismissed the Civil Revision Petition with a direction to the petitioners to pay a sum of Rs.25,00,000/- as agreed and also extended the time upto 25.10.2024 for deposit of the said amount. Subsequently, on 30.10.2024, this Court passed the following interim order:

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"Learned counsel for the petitioner would submit that pursuant to the order passed by this Court on 05.08.2024, the petitioner has paid a sum of Rs.10,00,000/- (Rupees Ten Lakhs only) today before the Branch Office of the respondent at Tirupur and the learned counsel produced a copy of the letter dated 30.10.2024 from the City Housing Nidhi Limited, Tirupur. The petitioner undertakes to pay the balance amount of Rs.15,00,000/- (Rupees Fifteen Lakhs only) within a period of four weeks from today.

2. In view of the above submission, the petitioner is directed to pay the balance amount of Rs.15,00,000/- (Rupees Fifteen Lakhs only) on or before 28.11.2024.

3. Post the matter on 29.11.2024 under the caption "For Reporting Compliance".

2. Today, learned counsel for the petitioners produced two Demand Draft Nos.266416 & 266420 dated 02.12.2024 for Rs.7,00,000/- and Rs.8,00,000/- respectively drawn on State Bank of India in favour of the respondent herein, which have been handed over to the learned counsel for the respondent in the Open Court under acknowledgment in the Court bundle.

3. At this juncture, learned counsel for the respondent contended that though the petitioners agreed to pay the amount on or before 28.11.2024, the payment has been made belatedly. Therefore, he pleaded that the respondent is entitled for interest on the award amount.

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4. This Court is of the view that on earlier occasion, this Court had granted time upto 28.11.2024 and the Demand Drafts had been taken on 02.12.2024. Thus, there was a delay of only four days and the question of grant of interest to the respondent does not arise at all. Considering the nature of lis and in order to give quietus to the issue, no further orders are required to be passed in this case.

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