The Court directed that the decree arising from Special Civil Suit No.190/1982 must be drawn to reflect the earlier order on interest calculation, enabling proper computation of interest post-suit.
Direction to draw the decree in terms of the direction contained in the prior order. No order as to costs.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
CA 7020/04 in FA 98/90
- 1 -
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
BENCH AT AURANGABAD
CIVIL APPLICATION NO.7020/2004
IN
FIRST APPEAL NO.98/1990
M/s Ganesh Sahakari Sakhar
Karkhana Ltd..
...Applicant..
Appellant.
Versus
The Maharashtra State Farming
Corporation Ltd.
...Respondent...
.....
Shri S.D. Kulkarni, Advocate for applicant / appellant.
Respondent served.
.....
CORAM: B.P. DHARMADHIKARI &
A.M. BADAR, JJ.
DATE: 18.11.2014
ORDER :
1]Heard Advocate Shri S.D. Kulkarni for applicant /
original appellant. Nobody appears for respondent,
though served.
2]The appeal filed by original defendant in Special
Civil Suit No.190/1982 was partly allowed by this Court
on 19.9.2003. In paragraph no.12, this Court has
observed :
CA 7020/04 in FA 98/90
- 2 -
“The respondent is entitled to payment of
interest at the rate of 18% per annum from the
date of default i.e. 31st March, 1979 instead of
22.11.1977 till the date of filing of the suit
i.e. 22.8.1982. The rest of the order of
payment of interest for the further period after
22.8.1982 is maintained.”
2]However, learned counsel states that the decree in
appeal has not been drawn accordingly and, therefore, the
appellant – defendant is not in a position to get the
benefit of postponed date for the purposes of calculation
of interest.
3]It is apparent that decree needs to be drawn
accordingly in terms of the direction contained in the
portion mentioned supra.
4]With above direction, civil application is disposed
of. No order as to costs.
ndk/ c18111421.doc
1 issue framed by the court
Whether a decree needs to be drawn in accordance with a prior order directing a specific interest calculation date.
M/s Ganesh Sahakari Sakhar Karkhana Ltd.
The Maharashtra State Farming Corporation Ltd.
B.P. DHARMADHIKARI
A.M. BADAR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court