Sir, In a case supreme court dismissed my plea and upheld high court and lower court verdict for a recovery of mortgage loan 20 lakh along with interest @24% (as mentioned in mortgage deed). Earlier trial court reduced it to 12% and execution started) but I appealed before session for relief upto 6% but dismissed with cost and increased rate of interest @24%. Both the court upheld the decision of session court. now i want advice from you can i file curative or mercy appeal in apex court again to reduce the rate of interest ?
Dear Sir, Yes, you can try before the Hon'ble Apex Court by filing Curative Petition.
Dear Client, As per your query, as the Hon'ble Supreme Court had dismissed your application and instead allowed the order of the lower courts that interest @ 24% was payable under the mortgage deed. You do not have much of a choice. You can try to file a curative petition under Article 137 of the Constitution, but this is allowed only in a few cases where there has been violation of the principles of natural justice or where jurisdictional mistake is manifest. But, unless such matters can be proved, such petitions are less likely to succeed because curative petitions aim at correcting gross miscarriages of justice. Mercy petitions cannot be filed in civil matters such as recovery suits. Hope this answers you query.
