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Madras High CourtCMP/1930/2024allowed

M/S.Aurosimon Division Of M/S.Aurofood Limited v. M/S.R.T.Exports Ltd,By Its

2025-12-09Honourable Mr Justice C.V. Karthikeyan,Honourable Mr.Justice K.Kumaresh Babu6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 09-12-2025

CORAM

THE HONOURABLE MR JUSTICE C.V. KARTHIKEYAN AND THE HONOURABLE MR.JUSTICE K.KUMARESH BABU in A.S.No.963 of 2015 M/s.Aurosimon Division of M/s.Aurofood Limited Rep By Its Accountant A.Selvamani (Deceased), Villupuram. T.C.Balam - 605 111, Vanur Taluk, Villupuram District.

Appellant(s) Vs

1. M/s.R.T.Exports Ltd, Represented by Its Managing Director, Tulsi Bhimiyani, No.508,Dalammal House,Jamanlal, Bajaj Road, Nariman Point, Mumbai - 400 021 Respondent(s)

PRAYER To amend the decree dated 06.02.2023 passed in AS.No.963 of 2015 as follows:

(i) Suit is party decreed with proportionate cost of the suit. (ii) The Defendant directed to pay a sum of Rs.34,66,494/- (16,48,096 + interest at 12% per annum from 01.12.1996 to date of decree namely 11.06.2014=34,66,494) and thereafter to pay interest at 6% per annum from the date of decree namely 11.06.2014 till date of payment instead of the decree already drafted and passed and thus render justice. For Appellant(s):

Mr.D.Nellaiappan For Respondent:

Mr.P.Elaya Rajkumar For M/s.Ramalingam & Associates

ORDER

(Order of the Court was made by C.V.Karthikeyan J.) The Civil Miscellaneous Petition has been filed, seeking to amend the Decree dated 06.02.2023 in A.S.No.963 of 2015. The decree granted by this Court is as follows:

"1. that the judgment and decree of the trial Court be and

hereby is modified.

2. that the Appellant/Plaintiff be and hereby is entitled to interest at the rate of 12% p.a from 01.12.1996 till date of decree, i.e., 11.06.2014 and future interest at the rate of 6% p.a from the date of decree till realization and

3. that there be no costs in these Appeal Suits."

2. It is contended that the principal amount on which the interest is to be calculated had been omitted to be stated in the decree. The principal amount is Rs.16,48,096.72. The decree is to be amended by incorporating the principal amount of Rs.16,48,096.72. There is no amendment with respect to the rate of interest.

3. This Civil Miscellaneous Petition is allowed. No costs. (C.V.K., J.) (K.B., J.) 09-12-2025

Note: Registry is directed to issue amended decree copy to the respective parties.

kak Index:Yes/No Speaking/Non-speaking order Internet:Yes To

1. M/s.R.T.Exports Ltd, Represented by Its Managing Director, Tulsi Bhimiyani, No.508,Dalammal House,Jamanlal, Bajaj Road, Nariman Point, Mumbai - 400 021

C.V.KARTHIKEYAN J.

and K.KUMARESH BABU, J.

kak in A.S.No.963 of 2015

09-12-2025