Vs.
EmailAppeal:
Petitioner:
Respondent:
Apeal:
Judges: S.RAJENDRA BABU & S.N. PHUKAN, JJ.
Date of Judgment: Mar 19, 1999
Head Note:
INTEREST
Civil Procedure Code, 1908
Section 34 – Interest – Arbitration award made a rule of court – No claim of interest till decree is made – Interest , if could be declined after the decree. Held that interest after the decree ought to be granted Interest @ 12% PA granted from date of decree fill realisation.
Held:
Award of interest under Section 34 CPC is a matter of procedure and ought to be granted in all cases when there is a decree for money unless there are strong reasons to decline the same. In the present case the appellant had made a claim for interest before the arbitrator but the same had been denied and no reasons are forthcoming thereto. Whatever that may be, at any rate after the Sub-Judge made an award the rule of the Court the decree ought to contain a provision for making payment of interest.(Para 3)
JUDGEMENT:
