UNION OF INDIA Vs. B BHOGILAL

JUDGEMENT

(1.) This is an application filed under S.152 and 153 of the Code of Civil Procedure for correction of the judgment. The Union of India represented by the General Manager, Southern Railway, Madras, the defendant in the suit, is the petitioner.

(2.) The question posed up for consideration is whether on deposit of a portion of the decree amount made pursuant to the order passed by the appellate court in an application for interim stay of execution of the decree, interest if any shall cease to run from the date of payment of such amount.

(3.) The respondents filed the suit for damages. The suit was decreed for Rs.48,703.00 with interest at 12% per annum from the date of the suit till the date of decree and thereafter at the rate of 6% till the date of realisation on the principal sum. Aggrieved by this the defendant filed appeal before this Court and this Court by judgment dated 18th July, 1990 partly allowed the appeal and modified the decree directing the appellant defendant to pay Rs.34650/- with interest for the same at the rate of 12% per annum from 10-8-1981, i.e. the date of suit, till the date of judgment by the appellate court and thereafter at the rate of 6% till realisation.