Court concluded that timely payment and compliance with financial obligations are essential for the lawful discharge of contractual duties.

ORDER

In this writ petition, the petitioner has sought for the following reliefs:

“Issue a writ of certiorari or any other writ or order quashing the impugned order dated 15/10/2022 on IA no.2 in EP no.73/2021 passed by the 3rd Addl. Senior Civil Judge and JMFC, Hubballi at Annexure-F, consequently allow the petitioners application IA No.2 filed under Sec.151 CPC vide Annexure-D.

Any other and further relief as this Honorable Court deems fit and just in the ends of justice.”

2. Heard learned counsel for the petitioners and learned counsel for the respondent and perused the material on record.

3. When the matter came up before this Court on 08.12.2022, this Court passed the following order:

The Executing Court has rejected the application of the petitioners by which the petitioners sought for a direction to be issued to the D.Hr to furnish copies of the Adhar Card, PAN Card and Bank Pass Book to enable the petitioners to transfer the decreetal amount. This application had been rejected by the Executing Court. The petitioners have filed an affidavit before this Court which reads as follows; “In this I Ibrahim S/o. Babalal Mokhasi Age: 65 years: Occ: Pensioner R/o. H.No. EWS 621, 2nd Cross Karnataka Circle, Navanagar, Hubballi 580 025, Dist: Dharwad today in Dharwad do hereby state on solemn affirmation as under.

“1. I state that I am the Petitioner No.1 in this case I know the facts of the case, as such I am competent to swear to this affidavit. Hence, I am swearing to this affidavit and on behalf of petitioner No.2 also.

2. I state that we have filed this petition being aggrieved by the Order on IA No. 2 dated 15/10/2022 by the 3rd Addl. Senior Civil Judge & JMFC, Hubballi in not considering application, requesting the court to direct the respondent herein to furnish the details of Bank Account, Adhar Card and PAN card in order to transfer the decreetal amount.

3. I state that in order to pay the amount as promised by us we have applied for loan before the Poonawalla Housing Finance Limited, Branch Hubballi. Accordingly, the said finance has sanctioned an amount of Rs.24,50,000/- to purchase the said property on 27/10/2022. Since the amount has to be release in favour of the Respondent herein, accordingly the fiancé requested us to submit the documents of Respondent in order to update the KYC I.e. Adhar Card, PAN Card, Voter ID and Bank Particulars denoting his SB Account.

4. I state that as per the request made by the finance we filed the application seeking to furnish the above particulars, but the said application is rejected by the court below.

5. I state that we are the retired persons and we are unable to accumulate the said amount in time and as such we applied for the loan. If the respondent herein has submits the particulars as required by the finance will be released the amount directly in the name of the Respondent herein.

6. I state that we are ready to pay 9% interest on 24,00,000/- from 05/08/2020 to till its realization.

Therefore the Hon'ble Court may please be direct the Respondent to furnish the details as required by the Poonawalla Housing Finance Limited, Branch Hubballi in order to release the amount in favour of Respondent in the interest of justice and equity.”

2. In view of the affidavit, learned counsel for the respondent submits that the copies of the Adhar Card, PAN Card and Bank details would be furnished within two days.

3. Learned counsel for the petitioners stated that the petitioners are willing to pay 9% interest on the sum of Rs.24,00,000/- and he seeks for a month’s time to pay the same.

4. In my view, it would be appropriate to award interest at the rate of 10% on Rs.24,00,000/- as against 9% suggested by the petitioners since, the petitioners have failed to discharge the obligation of