INTERNATIONAL ACADEMY OF MANAGEMENT AND DESIGNING v. SMT. HAMSA R
CRP/126/2022 · 2025-11-12
V Srishananda
body2025
DailyLaw.ai
[ 2025 DAILYLAW 71996 (KAR) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 71996 (KAR) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
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HC-KAR NC: 2025:KHC:46794 CRP No. 126 of 2022 IN THE HIGH COURT OF KARNATAKA AT BENGALURU DATED THIS THE 12TH DAY OF NOVEMBER, 2025 BEFORE THE HON'BLE MR. JUSTICE V SRISHANANDA CIVIL REVISION PETITION NO. 126 OF 2022 (SC) BETWEEN:
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INTERNATIONAL ACADEMY OF MANAGEMENT AND DESIGNING MANAGED BY SRI.VITTAL EDUCATION TRUST(REG) No.127/1, BULL TEMPLE ROAD, CHAMARAJPET, BENGALURU - 560 018 REPRESENTED BY ITS PRINCIPAL, P. NAVEEN YADAV. …PETITIONER (BY SRI. RAMESHA M.N., ADVOCATE) AND:
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SMT. HAMSA R D/O. LATE RAVISHANKAR, AGED ABOUT 28 YEARS, No.510, 7TH CROSS, KCHS LAYOUT, JNANBHARATHI POST, BENGALURU - 560 056. …RESPONDENT (BY SRI. KESHAV R. AGNIHOTRI, ADVOCATE)
THIS CRP IS FILED UNDER SEC.18 OF KARNATAKA SMALL CAUSE COURTS ACT, AGAINST THE JUDGMENT AND DECREE DATED 27.10.2021 PASSED IN SC No.251/2019 ON THE FILE OF THE XXIII ADDL.COURT OF SMALL CAUSES AT Digitally signed by SHARADAVANI B Location: High Court of Karnataka
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HC-KAR NC: 2025:KHC:46794 CRP No. 126 of 2022 BENGALURU PARTLY DECREEING THE SUIT FOR RECOVERY OF MONEY.
THIS PETITION, COMING ON FOR ADMISSION, THIS DAY,
ORDER WAS MADE THEREIN AS UNDER:
CORAM: HON'BLE MR. JUSTICE V SRISHANANDA ORAL ORDER
1. Heard Sri. Ramesha M.N., learned counsel for the petitioner.
2. Sri. Keshav R. Agnihotri, is present on behalf of the respondent. He submits that the respondent/plaintiff has taken away the file with no objection certificate.
3. All that the petitioner is seeking is to reduce the interest on the decreetal amount from 8% to 6% in view of the discussion made by the learned Trial Judge in the impugned judgment itself wherein he had recorded a categorical finding that interest should be paid at 6% while
consideration point No.2 in paragraph No.16.
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HC-KAR NC: 2025:KHC:46794 CRP No. 126 of 2022
4. However, in the operative portion of the
judgment, it has been mentioned as 8%.
5. Therefore, a case is made out for modification of the decree. For ready reference, paragraph No.16 of the impugned judgment is culled out hereunder which was the answer of the Trial Court on Point No.2:
"Point No.2: As discussed above Plaintiff has proved her case and entitled ato get refund of remaining fee with interest @ 6% on the said amount. But the interest is payable from 17.04.2017 and not from 23.01.2017 as claimed. Therefore, this point is answered partly in the affirmative."
6. From the above, it is crystal clear that the decreetal claim is recoverable by the plaintiff from the defendant with interest at 6% per annum not at 8% per annum as is found in the operative portion of the
judgment.
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HC-KAR NC: 2025:KHC:46794 CRP No. 126 of 2022
7. Moreover, the plaintiff has not filed any cross- revision seeking for enhanced interest.
8. Taking note of the same, the following Order;
ORDER (i) Revision Petition is allowed in part. (ii) While maintaining the decree of the learned Trial Judge in a sum of Rs.1,05,000/-, interest is ordered to be paid at the rate of 6% per annum and not 8% per annum. (iii) Ordered accordingly. Sd/- (V SRISHANANDA) JUDGE SNC List No.: 1 Sl No.: 42 ct:SG