LAWS(DLH)-1998-2-32

CANARA BANK Vs. MARSHALL CYCLE

Decided On February 01, 1998
CANARA BANK Appellant
V/S
MARSHALL CYCLE Respondents

JUDGEMENT

(1.) I propose to deal herewith two interesting questions relating to interest.

(2.) These questions arose in this suit for "recovery of a sum of Rs. 2,72,470.98 p. with cost and interest at the rate of 19.5% per annum against the defendant jointly and severally". I also propose to dispose of I.A. 4557/97 as well as Suit No. 408/83.

(3.) The defendants have filed IA 4557/97 submitting that "decree for the original amount may be passed. The defendants submit that in the circumstances of the case interest from the date of the filing of the suit be not awarded to the plaintiff. The business of the defendant was completely ruined and closed. It is, therefore, prayed that in the circumstances of the case the Court may pass a decree for Rs.2,72,470.98 only.