The judgment debtors shall pay a
total sum of ₹14,89,781/- along with
interest at the rate of 18% per annum
from 07.04.2025 until its realisation in
connection with the claim made in
Ex.C.No.1655/2023 and
Ex.C.No.1657/2023.
It is made clear that the above amount is
in respect of both the execution petitions
and not separate.”
(underlined for emphasis)
25. Thus, upon perusal of above order it is very
clear that, notwithstanding the payment of ₹84,00,000/-
by the accused herein and his wife in execution petitions,
as per the decree passed in O.S.No.3404/2018 and
O.S.No.3439/2018, the complainant herein and his wife
are entitled for interest @18% per annum from 18.04.2018
(date of filing of suits). Hon’ble court has also specifically
observed that, as per para No.5 of joint memo (marked as
KABC0C0202822025
Ex.D7 in this case), subject to realization of cheques, the
decree holder shall term it as complete satisfaction of
judgment and decree and undertakes not to make any
further claim against the judgment debtors. Therefore, it is
clear that subject to honouring of the cheques, memo filed
by the parties agreeing to settle the dispute for total sum of
₹84,00,000/- to the complainant. Hon’ble court has also
observed that merely because the accused and his wife
have paid ₹84,00,000/- to the complainant, it cannot be
said that he cannot claim interest. With these
observations, Hon’ble court has arrived at the conclusion
that total amount payable by the accused and his wife was
₹98,89,781/-; and after deducting ₹84,00,000/- which is
already paid, outstanding payable by the accused and his
wife is ₹14,89,781/-. It appears that neither the accused
herein nor his wife have challenged the said order. The said
order itself establishes the claim of the complainant
regarding existence of legally enforceable liability as on the
date of subject cheque at Ex.P1 which is dated 30.11.2024.
