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2024 Supreme(Online)(DEL) 491

HIGH COURT OF DELHI
VIBHU BAKHRU, TARA VITASTA GANJU, JJ
SVC COOPERATIVE BANK LTD – Appellant
Versus
TRINITY TOUCH PVT LTD – Respondent


Mr.Janinder Kr Chumbak, Advocate; Ms.Aditi Mohan and Mr.Peru Lekhi, Advocates.

JUDGEMENT

VIBHU BAKHRU, J. 1.The appellant has filed the intra court appeal impugning a judgment dated 08.07.2019 (hereafter the impugned judgment) rendered by the learned Single Judge, in CS (COMM) No.1021/2018 captioned Trinity Touch Private Limited v. SVC Cooperative Bank Limited. 2.In terms of the impugned judgment, the learned Single Judge accepted the claim of the respondent (hereafter the plaintiff) against the appellant (hereafter the defendant) regarding the illegal debit of an amount of ₹1,51,38,600/- (Rupees One Crore Fifty-One Lacs Thirty-Eight Thousand andSixHundredonly)towardspre-paymentpenaltycharges,and ₹17,25,000/- towards upfront processing charges from the plaintiff’s bank account. Accordingly, the learned Single Judge passed a decree for recovery of the said sum of ₹1,68,63,600/- along with interest at the rate of 7% per annum from the date of the institution of suit till 30.09.2019 and thereafter at the rate of 18% per annum. Additionally, the learned Single Judge also held the plaintiff be entitled to costs of the suit with professional fee assessed at ₹2,00,000/-. The notation in the impugned judgment indicates that the rate of interest at the rate of 7% per a

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