9911796707
TMI Blog2024 (7) TMI 560X X X X Extracts X X X X X X X X Extracts X X X X ..... r, Respondent No. 1 himself stated that he has received part payment of Rs. 34,00,000/- from the Appellant herein and after giving credit to the said payment, an amount of Rs. 61,18,217/- was remaining which includes principal amount of Rs. 23,70,417/- and interest of Rs. 37,37,710/- @18% p.a. Since, Respondent No. 1 itself has claimed the interest @ 18% which too has been granted by the Hon ble High Court in its judgment decree dated 14.12.2022, therefore, it does not lie in his mouth to claim interest @ 24% on the balance amount. The contention of the Appellant and the calculation submitted by him by way of a chart which is already referred to above is accepted, that the remaining amount to be claimed by Respondent No. 1 is less than Rs. ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... pal amount of Rs. 84,79,041/- and only amount which was due is claim of interest. It is submitted that interest was not part of the purchase order and no interest could have been asked for. Learned Counsel for the Appellant submits that Operational Creditor did not bring to the notice of the Court about the payments made by the Corporate Debtor during pendency of the Application. 2. Submission needs scrutiny. Issue notice to the Respondents through Speed Post as well as Email. Requisites along with process fee, if not filed, be filed within two days. 3. Let Reply-Affidavits be filed within three weeks. Rejoinder, if any, may be filed within two weeks, thereafter. List this Appeal on 22nd May, 2023. In the meantime, in pursuance of the Order ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... ovided under Section 4 of the Code. In this regard, he has submitted a calculation sheet of tax invoices @ 18 % interest p.a which read as under : - 7. According to the Appellant, the total amount comes to Rs. 9,583,681/- which is short of Rs. 1 Cr. and thus the application filed by Respondent No. 1 under Section 9 is not maintainable and hence, the impugned order deserves to be set aside. 8. In reply, Counsel for Respondent No. 1 has vehemently argued that the amount of interest claimed by Respondent No. 1 was @ 24% from the date of default whereas the suit has been decreed and the interest has been granted @ 18% p.a from the date of suit till realization. 9. It is further submitted that in case the interest @ 24% is calculated from the da ..... X X X X Extracts X X X X X X X X Extracts X X X X
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