The appellant is the respondent in Application No.3209 of 2011 and the defendant in C.S.No.427 of 2011. The respondent/plaintiff filed the abovesaid application under Order XII Rule 6 of the Code of Civil Procedure praying for a judgment and interim decree for a sum of Rs.30,41,971/- together with interest @ 18% p.a. from the date of plaint till the date of realization. The learned Judge allowed Application No.3209 of 2011 after contest and granted judgment and interim decree for a sum of Rs.22,23,504/- will interest @ 18% p.a. and also granted liberty to the respondent/plaintiff to enforce the bank guarantee already furnished by the defendant for recovery of the Interim decree amount till date vide judgment and decree dated 29th Feb., 2012. The appellant, aggrieved by the said judgment and interim decree, preferred this appeal.

2. The respondent/plaintiff filed C.S.No.427 of 2011 under Order 42 Rules 2 and 3 of the Original Side Rules against the appellant/defendant praying for judgment and decree for a sum of Rs.30,41,971/- together with interest @ 10% p.a. from the date of plaint will realization, arrest and sale of the defendant’s vessel, namely, MV GATI ZIPP, toget