Judgment :- In CS.261 of 1997 second defendant has borrowed a sum of Rs.3,50,00,000/-on various dates from plaintiff RBF Nidhi Ltd (15.02.1995, 17.04.1995, 17.04.1995 & 15.05.1995). With the intention to create equitable mortgage on mortgaged properties, first defendant deposited title deeds of the property with the plaintiff on dated 16.02.1995, 18.04.1995, 18.04.1995, 16.05.1995 as security for the due repayment of the Principal and interest which was lent to them. Case of plaintiff is that a total amount of Rs.4,58,11,872/- is due from the defendants. 2. Plaintiff has filed this suit in C.S.No.261 of 1997:- a) Directing the defendants to Pay the plaintiff a sum of Rs.4,58,11,874/- (Rupees Four Crores Fifty Eight Lakhs Eleven Thousand Eight Hundred and Seventy Two Only) together with further interest on Rs.3,50,00,000/-at the rate of 32% per annum from the date of the plaint till the date of realisation; b) Sale of the Mortgaged properties and appropriate the sale proceeds towards the amount due from the defendants under the decree after deducting all cost and expenses; c) If sale proceeds are not sufficient for payment of Principal, Interest and Penal Interest defendants personally pay the amount to plaintiff. 3. In C.S.No.263 of 1997 second defendant has borrowed a sum of Rs.1,00,00,000/-on two different dates (09.02.1995 & 27.02.1995). With the intention to create equitable mortgage for the amount borrowed, first defendant deposited title deeds of the property described in the plaint schedule on 10.02.1995 & 29.02.1995 as security for the due repayment of Principal and Interest which was already lent to the defendants. The defendants have made certain payments after deducting the payments, an amount of Rs.1,26,53,019/- is due from the defendants. 4. Plaintiff has filed this suit C.S.No.263 of 1997:- a) Directing the defendants to Pay the plaintiff a sum of Rs.1,26,53,019/- (Rupees One Crore Twenty Six Lakhs Fifty Three Thousand and Nineteen Only) together with further interest on Rs.1,00,00,000/- at the rate of 32% per annum from the date of the plaint till the date of realisation; b) Sale of the Mortgaged properties and appropriate the sale proceeds towards the amount due from the defendants under the decree after deducting all cost and expenses; c) If sale proceeds are not sufficient for payment of Principal, Interest and Penal Interest defendants personally pay the amount to plaintiff. 5. 5. In C.S.No.1024 of 1998 second defendant has borrowed a sum of Rs.2,15,00,000/-on various dates from plaintiff RBF Nidhi Ltd (27.02.1995, 29.03.1995, & 05.04.1995). With the intention to create equitable mortgage for the amount, first defendant deposited title deeds of the property described in the plaint schedule on 28.02.1995, 30.03.1995 & 06.04.1995 as security for the due repayment of Principal and Interest which was already lent to them. The defendants have made certain payments after deducting the payments, an amount of Rs.2,70,27,289/- is due from the defendants. 6. Plaintiff has filed this suit C.S.No.1024 of 1998:- a) Directing the defendants to pay the plaintiff a sum of Rs.2,70,27,289/- (Rupees Two Crores Seventy Lakhs Twenty Seven Thousand Two Hundred and Eighty Nine Only) together with further interest on Rs.2,15,00,000/-at the rate of 32% per annum from the date of the plaint till the date of realisation; b) Sale of the Mortgaged properties and appropriate the sale proceeds towards the amount due from the defendants under the decree after deducting all cost and expenses; c) If sale proceeds are not sufficient for payment of Principal, Interest and Penal Interest defendants personally pay the amount to plaintiff. 7. After negotiation in the open Court, parties arrived at settlement. By the order dated 01.03.2006, Court has passed the following order:- "8.... The second defendant is directed to make the payment as under: i) Rs.50,00,000/- (Rupees Fifty Lakhs Only) within six weeks from the date of this order (i.e. on or before 16.04.2006); ii)Rs.5,50,00,000/-(Rupees Five Crores and Fifty Lakhs Only) within three months from the date of this order (i.e. on or before 01.06.2006); iii)Rs.4,00,00,000/- (Rupees Four Crores only) within a period of three months thereafter (i.e. on or before 01.09.2006); iv)In case of failure to pay the amount as above, it is held that the second defendant would be liable to pay interest at the rate of 12% per annum on the defaulted amount." 8. Thereafter defendants have made payments of Principal as given below:- TABLE 9. When the entire amount of Rs.10,00,00,000/-(Rupees Ten Crore only) was paid on 17.06.2008, the accumulated interest was stated to be around Rs.83,00,000/-as on 17.06.2008. So far as interest of Rs.83,00,000/-was due, keeping in view the order passed on 01.03.2006, it was ordered that interest of Rs.83,00,000/- shall also carry interest at the rate of 12% per annum and the interest amount payable on reduced amount. 10. So far as interest of Rs.83,00,000/-was due, keeping in view the order passed on 01.03.2006, it was ordered that interest of Rs.83,00,000/- shall also carry interest at the rate of 12% per annum and the interest amount payable on reduced amount. 10. Thereafter the defendants have made the following payments towards interest as follows: TABLE As per the order of the Court, the entire amount interest of Rs.83,00,000/-and the accrued interest was paid. 11. As per the settlement, defendants have paid the entire amount and also the interest, initially RBF Nidhi Ltd has received the payment. Later on the company went into liquidation and onbehalf of plaintiff-RBF Nidhi Ltd, Official Liquidator came on record onbehalf of the plaintiff. Onbehalf of plaintiff the Official Liquidator was receiving the payments made by the defendants. 12. Since the matter is settled between the parties in all three suits are dismissed as settled. Half of Court fee is ordered to be refunded in the name of Official Liquidator to the account of RBF Nidhi Limited. Refund certificate is directed to be issued in the name of Official Liquidator to the account of RBF Nidhi Limited. 13. If any documents of titles are filed along with the plaint, the same is ordered to be returned to the first defendant/Defendant No.2. If the documents of titles were not filed along with the Plaint, Official Liquidator who is now representing the Plaintiffs company is directed to return the documents of the title to the first defendant/Defendant No.2. Consequently, the connected Applications are closed.