A plaintiff must redeposit the full amount withdrawn, including accrued interest, with 6% interest from withdrawal.

The Plaintiff brought a suit for specific performance concerning property No. 169, Pocket H-19, Sector 7, Rohini, Delhi.

During the suit, he had deposited ₹1.63 crore, the balance sale consideration, with the Court Registry.

In 2016, he was permitted to withdraw the deposit, including accrued interest, on an undertaking to redeposit the funds with interest when required.

The suit was decreed in the Plaintiff’s favour on 22 April 2025, and the decree was affirmed on appeal; the Supreme Court disposed of the Defendant’s SLP on 16 January 2026, recording the Plaintiff’s undertaking to redeposit the withdrawn amount with interest at 6% per annum from the date of withdrawal.

The Plaintiff sought permission to deposit ₹2,53,46,500, calculated on the original ₹1.63 crore deposit.

The Defendant contended that the amount should instead be calculated on the sum actually withdrawn, ₹1,71,46,078, together with interest.

Whether the Plaintiff’s redeposit obligation was calculated on the original ₹1.63 crore deposit or on the total amount actually withdrawn from the Registry, including accrued interest.

Whether the amount to be redeposited was subject to 6% annual interest from the date of withdrawal.

The Court applied the terms of its order dated 3 November 2016, which permitted withdrawal of ₹1.63 crore along with accrued interest subject to an undertaking to redeposit the funds “along with interest” when called upon.

It also applied the Supreme Court’s order dated 16 January 2026, which recorded the Plaintiff’s undertaking to refund the amount with interest at 6% per annum from the date of withdrawal.

The Court construed the two orders cumulatively: the redeposit obligation covers the amount actually withdrawn, including accrued interest, with 6% annual interest running from the date of withdrawal.

The Court rejected both parties’ proposed calculations insofar as neither supplied the proper basis for the direction.

The 2016 order required repayment of the funds withdrawn, not merely the original principal deposited; the Plaintiff had in fact received ₹1,71,46,078, comprising the deposit and accrued interest.

Read with the Supreme Court’s 2026 order, the 6% interest therefore applied to that actual withdrawal amount from 17 January 2017, the date of withdrawal, until redeposit.

The application was disposed of on those terms, and the matter was listed before the Roster Bench on 2 November 2026.