M/S. KALAMANI TEX & ANRversusP. BALASUBRAMANIAN M.A. NO. 364 OF 2021 IN
- Citation
- [2021] 1 S.C.R. 679
- Decided
- 24 February 2021
- Disposal
- Disposed off
Holding
The Court deleted the words “along with interest accrued thereupon” and directed the transfer of only the principal amount to the respondent.
Summary
The Supreme Court, hearing Criminal Appeal No. 123 of 2021 (M/A No. 364 of 2021), reviewed its earlier direction dated 10 February 2021 to transfer Rs. 11,20,000 to the respondent along with accrued interest. It was discovered that the sum was held in a non‑interest‑earning account with UCO Bank, making the payment of interest impossible. Consequently, the Court considered whether the phrase “along with interest accrued thereupon” should remain in the order. The Court held that the words were untenable under the circumstances and ordered their deletion. The Registry was directed to transfer only the principal amount of Rs. 11,20,000 to the respondent within two weeks, and the matter was disposed of accordingly.
Issues considered
- Whether a direction to pay interest can be enforced when the funds are held in a non‑interest‑bearing account
- Whether the phrase “along with interest accrued thereupon” should be deleted from the earlier judgment
Legislation cited
Subjects
Judgment
[2021] 1 S.C.R. 679 679
M/S. KALAMANI TEX & ANR A
v.
P. BALASUBRAMANIAN
M.A. No. 364 OF 2021
IN B
(Criminal Appeal No. 123 of 2021)
FEBRUARY 24, 2021
[N.V. RAMANA, SURYA KANT AND
ANIRUDDHA BOSE, JJ.] C
Negotiable Instruments Act, 1881: Addition/deletion of words
– By judgment dated 10.02.2021, direction by this Court to the
Registry to transfer the amount of Rs.11,20,000/- along with interest
accrued thereupon to the complainant-respondent within the
stipulated period – However, said amount of Rs.11,20,000/- was
D
lying in a non-interest earning account with the designated Bank –
In view thereof, the words “along with interest accrued thereupon”
are deleted – Issuance of direction to the Registry to transfer the
said amount to the respondent within the stipulated period.
CRIMINAL APPELLATE JURISDICTION : M.A. No.364 of
2021 in Criminal Appeal No.123 of 2021. E
From the Judgment and Order dated 09.11.2017 of the High Court
of Judicature at Madras in Crl.A.No. 447 of 2002.
The following order of the Court was passed:
ORDER F
The Court is convened through Video Conferencing.
Perused the Office Report for directions dated 23.02.2021.
Vide Judgment dated 10.02.2021, this Court directed the Registry
to transfer the amount of Rs.11,20,000/- (Rupees eleven lakh twenty G
thousand) along with interest accrued thereupon to the respondent within
two weeks.
It is stated in the Office Report dated 23.02.2021 that the amount
of Rs.11,20,000/- (Rupees eleven lakh twenty thousand) is lying in a
H
679
680 SUPREME COURT REPORTS [2021] 1 S.C.R.
A non-interest earning account with the UCO Bank, Supreme Court
Compound, New Delhi.
In view of the above, we delete the words “………along with
interest accrued thereupon…….” from paragraph 22 of the judgment
dated 10.02.2021 passed in Criminal Appeal No.123 of 2021 @
B SLP(Crl.)No.1876/2018 and direct the Registry to transfer the amount
of Rs.11,20,000/- (Rupees eleven lakh twenty thousand) to the
respondent within two weeks from today.
MA stands disposed of accordingly.
C Nidhi Jain M.A. disposed of.
D
E
F
G
H
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