REVISED ITEM NO.23 COURT NO.15 SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petitions for Special Leave to Appeal (C) Nos. 4948-4949/2023 [Arising out of impugned final judgments and orders dated 22- 12-2022 in AS No. 1011/2008 and 22-12-2022 in AS No. 1067/2009 passed by the High Court of Judicature at Madras]

T. SANTHAKUMAR Petitioner(s)

VERSUS G. BANUMITHRA & ANR. Respondent(s)

IA No. 51137/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT AND IA No. 51138/2023 - EXEMPTION FROM FILING O.T.

Date : 02-04-2025 This matter was called on for hearing today.

CORAM HON'BLE MR. JUSTICE PANKAJ MITHAL HON'BLE MR. JUSTICE S.V.N. BHATTI For Petitioner(s) Mr. K. K. Mani, AOR Ms. T. Archana, Adv.

For Respondent(s) Mr. T. Harish Kumar, AOR UPON hearing the counsel the Court made the following

O R D E R

Heard the learned counsel for the parties.

The petitioner is the plaintiff in the suit for specific performance. The suit for specific performance of the Signature Not Verified Digitally signed by G DaE tE eT : a2A 0 J 2Og5.S 0H 4r.I 08eement to sell dated 04.01.2006 was decreed by the Trial

17:17:50 IST Reason:

Court but in appeal to the High Court, the said judgment and decree has been reversed.

Under the agreement, a sum of Rs.25,00,000/- (Rupees Twenty Five Lakhs only) was paid as earnest money and the same was returned after deducting 10 per cent of the amount. Accordingly, Demand Draft of Rs.22,50,000/- was handed over to the petitioner-plaintiff but the same was not encashed and was returned to the respondents-defendants.

After hearing the learned counsel for the parties and going through the impugned judgments and orders, we are fully in agreement with the findings recorded by the First Appellate Court i.e. the High Court whereby, the suit for specific performance has been dismissed, except to the extent, where it directs for the return of the Drafts to the plaintiff-

petitioner for encashment.

We notice that the Demand Drafts for Rs.22,50,000/-

(Rupees Twenty Two Lakhs and Fifty Thousand only) are drawn in favour of petitioner-plaintiff and have been kept in the custody of the Trial Court. These Demand Drafts, as noted by the High Court, were returned to the petitioner-plaintiff who was entitled to encash the same. The Trial Court is, therefore, directed to return the original drafts to the petitioner-plaintiff. The petitioner-plaintiff is given liberty to present these Demand Drafts in the Union Bank of India. Notwithstanding the time limit stated in the Demand Drafts, the Bank shall ensure realization/encashment of the said Demand Drafts together with the interest to which the petitioner-plaintiff is entitled, because the Demand Drafts are not encashed by the drawer and drawee. The petitioner- plaintiff is entitled to interest @ 9 percent w.e.f. 22.11.2006 till the realisation. Therefore, the respondents- defendants have to pay the difference of interest between the interest paid by the bank and 9 percent stipulated by this order together with Rs.2,50,000/- (Two Lakhs and Fifty Thousand only) and the difference be paid within two months from today.

The judgments and orders of the High Court stand modified to the above effect. The special leave petitions stand disposed of, accordingly.

Pending application(s), if any, shall also stand disposed of.

(GEETA JOSHI) (NIDHI MATHUR)

SENIOR PERSONAL ASSISTANT COURT MASTER (NSH)

ITEM NO.23 COURT NO.15 SECTION XII S U P R E M E C O U R T O F I N D I A RECORD OF PROCEEDINGS Petitions for Special Leave to Appeal (C) Nos. 4948-4949/2023 [Arising out of impugned final judgments and orders dated 22- 12-2022 in AS No. 1011/2008 and 22-12-2022 in AS No. 1067/2009 passed by the High Court of Judicature at Madras]

T. SANTHAKUMAR Petitioner(s)

VERSUS G. BANUMITHRA & ANR. Respondent(s)

IA No. 51137/2023 - EXEMPTION FROM FILING C/C OF THE IMPUGNED JUDGMENT AND IA No. 51138/2023 - EXEMPTION FROM FILING O.T.

Date : 02-04-2025 This matter was called on for hearing today.

CORAM HON'BLE MR. JUSTICE P