STATE BANK OF INDIA Vs. SHIVA SHAKTI ALLOYS (P) LTD.
LAWS(HPH)-1997-6-16
HIGH COURT OF HIMACHAL PRADESH
Decided on June 27,1997

STATE BANK OF INDIA Appellant
VERSUS
SHIVA SHAKTI ALLOYS (P) LTD. Respondents

JUDGEMENT

SURINDER SARUP, J. - (1.)This appeal has been filed by the State Bank of India against the judgment of the learned Single Judge of this Court dated 9 -4 -1985, passed in Civil Suit No. 92 of 1983. As a result of the same, a decree for a sum of 12,22,08.97 P. has been passed against the defendants alongwith interest at the rate of 12% per annum from the date of suit till realisation on the principal amount of Rs. 11,50,000.
(2.)The grievance in this appeal is that notwithstanding the statements made by the learned Counsel for the parties at that time, the learned Single Judge passed the decree without conforming to the provisions of Order 34 Rules 3, 4 and 5 by not granting compound interest at the rate of 18% per annum.
(3.)We have heard the learned Counsel for the parties It has been strenuously argued by Ms Pratima Malhotra, learned Counsel for the plaintiff -appellant that in view of the prayer clause in the appeal as also the statements of the learned Counsel for the parties, it was incumbent on the learned Single Judge to grant interest as provided under Order 34 Rules 3, 4 and 5, C.P.C. The prayer clause in the suit was as follows : "The plaintiff -bank, therefore, prays that a decree for Rs. 12,22,083 97 be passed in favour of the plaintiff alongwith future interest at the rate of 18 per cent per annum with costs against the defendants fixing a reasonable time for the payment of the same and on failure to pay the amount, a final decree under Order 34 of the Code of Civil Procedure mentioned in paragraph 8 supra of the plaint be passed in favour of the plaintiff and in case the sale proceeds are found insufficient to satisfy the decree, the plaintiff be held entitled to recover the amount from the person and other properties of the defendants. The plaintiff be also allowed such other relief which the Court, in the facts and circumstance of the case, deem fit and proper,"


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