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Rajaram S/O Sriramulu Naidu(Since Deceased) Through Lrs vs. Maruthachalam (Since Deceased)Through Lrs

Court:Supreme Court of India
Judge:Hon'ble Hon'Ble The Chief Justice
Case Status:Disposed
Order Date:18 May 2023
CNR:SCIN010154632023

AI Summary

The Supreme Court clarified the exact amounts to be withdrawn by the respondents in two miscellaneous applications, ensuring the correct calculation of 50% of the principal amount plus interest. This order resolves ambiguity regarding financial withdrawals from previous judgments, directing payment within one week and impacting the financial entitlements of the parties involved.

Ratio Decidendi:
When a court order allows for a percentage withdrawal from an amount, and ambiguity arises between an originally deposited sum and a larger, revised sum inclusive of interest, the withdrawal should be calculated from the larger, revised amount that includes interest, unless the original order explicitly dictates otherwise.

Case Identifiers

Primary Case No:MA No. 659/2023
Case Type:Miscellaneous Application
Case Sub-Type:Clarification on Withdrawal Amount
Secondary Case Numbers:Crl.A. No. 1978/2013, MA No. 658/2023, C.A. No. 10501/2013, Filing No. 15463/2023, SCIN010154632023
Order Date:2023-05-18
Filing Year:2023
Court:Supreme Court of India
Bench:Division Bench
Judges:Hon'ble B.R. Gavai, Hon'ble Sanjay Karol

Petitioner's Counsel

Mahesh Agarwal
Advocate - Appeared
Neha Sharma
AOR - Appeared

Respondent's Counsel

R. Chandrachud
AOR - Appeared
Pramit Saxena
AOR - Appeared
V. Prabhakar
Advocate - Appeared

Advocates on Record

Neha Sharma
R. Chandrachud
Pramit Saxena

eCourtsIndia AITM

Brief Facts Summary

This order addresses two miscellaneous applications (MA No. 659/2023 and MA No. 658/2023) filed in the Supreme Court for clarification. The court registry sought guidance on how to calculate the 50% withdrawal amount for respondents concerning funds related to previous judgments in Crl.A. No. 1978/2013 and C.A. No. 10501/2013. The specific question was whether the 50% should be based on the originally deposited amount or a larger, revised figure that included interest.

Timeline of Events

2013

Underlying cases Crl.A. No. 1978/2013 and C.A. No. 10501/2013 were filed.

2023-01-18

Impugned final judgment and order was passed in Crl.A. No. 1978/2013 by the Supreme Court of India.

2023

Miscellaneous Applications (MA No. 659/2023 and MA No. 658/2023) filed for clarification on withdrawal amounts.

2023-05-18

Supreme Court heard the applications and issued the clarification order.

Key Factual Findings

For MA No. 659/2023, the amount for withdrawal by respondents is 50% of Rs. 8,43,297/- plus interest in each matter.

Source: Current Court Finding

For MA No. 658/2023, the amount for withdrawal by respondents is 50% of Rs. 3,95,220/- plus interest.

Source: Current Court Finding

Primary Legal Issues

1.Interpretation of '50 percent withdrawal' in a previous court order
2.Determination of the correct principal amount for financial disbursement, including interest

Questions of Law

Whether 50 per cent withdrawal by the respondent(s) has to be of the amount of Rs 3,50,000/-, which has originally deposited, or that of Rs. 8,43,297/- plus interest in each matter (for MA No. 659/2023).
Whether 50 per cent withdrawal by the respondent(s) has to be of the amount of Rs 2,00,000/-, which has originally deposited or that of Rs.3,95,220/- plus interest (for MA No. 658/2023).

Petitioner's Arguments

Not explicitly stated, but the query from the Registry (which is the basis for the application) suggests a need for clarity on the base amount for withdrawal, potentially considering the initially deposited sum.

Respondent's Arguments

Not explicitly stated, but the outcome implies an argument for the withdrawal to be calculated on the higher, revised amount that includes interest.

Court's Reasoning

The court's reasoning is direct and concise. It clarifies that the withdrawal should be based on the larger, specified amount which includes interest, thereby resolving the ambiguity that arose from two differing figures (original deposit vs. revised amount plus interest). The court's order explicitly states 'We clarify that the withdrawal by the respondent(s) would be 50 per cent of the amount of Rs.8,43,297/- plus interest in each matter' (and similarly for the second MA), indicating a straightforward interpretation of the previous orders to include accrued interest in the base calculation.

Judicial Philosophy Indicators:
  • Clarity and Certainty in Execution of Orders
  • Expeditious Resolution of Procedural Ambiguities
Order Nature:Procedural (Clarification)
Disposition Status:Disposed

Impugned Orders

Supreme Court Of India
Case: Crl.A. No. 1978/2013
Date: 2023-01-18

Specific Directions

  1. 1.For MA No. 659/2023, the withdrawal by the respondent(s) would be 50 per cent of the amount of Rs.8,43,297/- plus interest in each matter.
  2. 2.For MA No. 659/2023, the amount shall be paid to the respondent(s) within a period of one week from today.
  3. 3.For MA No. 658/2023, the withdrawal by the respondent(s) would be 50 per cent of the amount of Rs.3,95,220/- plus interest.
  4. 4.For MA No. 658/2023, the amount shall be paid to the respondent(s) within a period of one week from today.

Precedential Assessment

Non-Binding (Procedural)

This order provides a specific clarification for particular cases concerning the execution of a previous judgment and does not establish a new legal principle of general applicability.

Tips for Legal Practice

1.Legal professionals should always seek explicit clarification from the court if any ambiguity exists in financial directives, especially regarding base amounts and interest calculations.
2.When drafting orders involving financial disbursements, ensure precise language is used to define the principal amount and whether interest is to be included for percentage calculations.
3.Note that courts may interpret 'plus interest' as part of the base amount for percentage withdrawals, particularly when a larger, revised figure is explicitly mentioned in the context of the clarification.

Legal Tags

Supreme Court clarification on financial withdrawal calculationInterpretation of interest inclusion in court directed paymentsProcedural order for calculating fifty percent amountDirections for disbursement of funds in miscellaneous applicationsLegal implications of specific monetary clarifications India

Disclaimer: eCourtsIndia (ECI) is not a lawyer and this analysis is generated by ECI AI, it might make mistakes. This is not a legal advice. Please consult with a qualified legal professional for matters requiring legal expertise.

Order Issued After Hearing

Purpose:

FRESH

Before:

Hon'ble Hon'Ble The Chief Justice, Hon'ble Sanjay Karol

Stage:

FRESH (FOR ADMISSION) - CIVIL CASES

Remarks:

Disposed off

Listed On:

18 May 2023

In:

Judge

Category:

UNKNOWN

Original Order Copy

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Order Text

ITEM NO.15

COURT NO.6

SECTION II-C

SUPREME COURT OF INDIA RECORD OF PROCEEDINGS

Miscellaneous Application No. 659/2023 in Crl.A. No. 1978/2013

(Arising out of impugned final judgment and order dated 18-01-2023 in Crl.A. No. No. 1978/2013 passed by the Supreme Court Of India)

RAJARAM S/O SRIRAMULU NAIDU(SINCE DECEASED) THROUGH LRS. & ORS. Petitioner(s)

VERSUS

MARUTHACHALAM (SINCE DECEASED)THROUGH LRS & ORS. Respondent(s)

(FOR ADMISSION)

WITH MA 658/2023 in C.A. No. 10501/2013 (XII) (FOR ADMISSION)

(Bv Courts Motion)

Date: 18-05-2023 This petition was called on for hearing today.

CORAM : HON'BLE MR. JUSTICE B.R. GAVAI HON'BLE MR. JUSTICE SANJAY KAROL

For Petitioner(s)

Mr. Mahesh Agarwal, Adv. Ms. Neha Sharma, AOR

For Respondent(s)

Mr. R. Chandrachud, AOR

Mr. Pramit Saxena, AOR Mr. V. Prabhakar, Adv.

UPON hearing the counsel the Court made the following ORDER

M.A. No. 659/2023 in Crl.A. No. 1978/2013 The registry is sought clarification as to whether 50 per cent withdrawal by the respondent(s) has to be of the amount of Rs 3,50,000/-, which has originally deposited, or that of Rs. 8,43,297/- plus interest in each matter.

2. We clarify that the withdrawal by the respondent(s) would be 50 per cent of the amount of Rs.8,43,297/- plus interest in each matter.

3. The amount shall be paid to the respondent(s) within a period of one week from today.

4. The miscellaneous application is disposed of accordingly.

M.A. No. 658/2023 in C.A. No. 10501/2013

1. The registry is sought clarification as to whether 50 per cent withdrawal by the respondent(s) has to be of the amount of Rs 2,00,000/-, which has originally deposited or that of Rs.3,95,220/- plus interest.

2. We clarify that the withdrawal by the respondent(s) would be 50 per cent of the amount of Rs.3,95,220/- plus interest. 3. The amount shall be paid to the respondent(s) within a

period of one week from today.

4. The miscellaneous application is disposed of accordingly.

(DEEPAK SINGH) (ANJU KAPOOR)

COURT MASTER (SH) COURT MASTER (NSH)

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Order(1) - 18 May 2023

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