S. RAVINDRA BHAT, J.

1. The present appeal is directed against a limited portion of the common judgment and order dated 06.12.2010 of a learned single judge, disposing off two suits, i.e. CS (OS) 2105/1994, and CS (OS) 260/1994. The first suit was instituted by the Appellant and the second, by the respondent (claiming damages). For convenience, the suit filed by the Appellant (hereafter called “the Trust”) would be referred to as the “the recovery suit” and the other suit, filed by the respondent, (hereafter “the Jains”) would be referred to as “the damages suit”, or “the second suit”. The Trust is aggrieved by the impugned judgment, to the extent it denies any interest upon the money directed to be refunded by the respondent.

2. The facts briefly are that the Trust undertakes scientific research, in areas of medical science, technology and health care. The Jains approached it, for sale of their hospital “Udyan Medical Centre” - owned by a Private Limited Company i.e Udyan Diagnostic and Therapeutic Consultancy Private Limited (hereinafter referred to as “UDTC”). The Jains are directors of UDTC. The Trust alleged that, based on the negotiations held between its representa