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2019 (5) TMI 1470 - AT - SEBIIllegal recovery of fee by the SEBI - seeking refund of the principal amount and also interest accrued on it - as urged that the deposit was made by the appellant under protest and since the appellant had succeeded in his claim the principal amount was liable to be refunded alongwith interest - appellant did not claim the relief of interest while seeking the refund of fee liability - HELD THAT:- The appellant before the Tribunal had prayed for refund of fee liability. No refund for interest was claimed. The appellant did not claim the relief of interest even before the Supreme Court. In the second round of litigation, the appellant cannot now claim the relief of interest. The claim of interest flows from the same cause of action, namely, the refund of fee liability. In view of the aforesaid, since the appellant did not claim the relief of interest while seeking the refund of fee liability, the appellant is now barred by principle of Order II Rule 2 of CPC from claiming the refund of interest. In the light of the aforesaid, it is not necessary for the Court to dwell on the decisions cited by the learned counsel for the respondent on the question of res judicata and constructive res judicata. The claim of interest was rightly rejected by the respondent.
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