Delhi High Court High Court

Corporation Bank vs M/S.Aircon Electronics on 2 December, 2008

Delhi High Court
Corporation Bank vs M/S.Aircon Electronics on 2 December, 2008
Author: Pradeep Nandrajog
*                   IN THE HIGH COURT OF DELHI

%                               Date of Decision : December 02, 2008

+                          RFA 721/1994

     Corporation Bank                      ..... Appellant
                Through:        Ms.Sumati Anand, Adv.

                    versus

     M/s.Aircon Electronics                   ..... Respondent
                 Through:       Nemo.


CORAM:
Hon'ble Mr.Justice Pradeep Nandrajog
Hon'ble Mr.Justice J.R. Midha

1. Whether reporters of local papers may be allowed
   to see the judgment?

2. To be referred to the Reporter or not?

3. Whether judgment should be reported in Digest?


: PRADEEP NANDRAJOG, J. (Oral)

1. Learned counsel for the appellant urges a limited point,

being that, there is no reason why interest from 29.12.1985, pre suit,

pendente lite and future has not been awarded against

defendants No.3 to 5 of the suit being respondents No.3 to 5 in the

appeal.

2. We note that vide impugned judgment and decree dated

19.3.1994 suit of the appellant claiming a decree in sum of

Rs.84,646.66 has been decreed holding that defendants No.1 and 2

are jointly and severally liable to pay the decretal amount together

with pendente lite and future interest @16% per annum. Said sum

includes pre suit interest @16% per annum.

3. However, the liability qua defendant No.3 impleaded as

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respondent No.3 in the appeal has been held limited to Rs.25,000/-.

Likewise, liability of defendants No.4 and 5 impleaded as respondents

No.4 and 5 in the appeal has been held limited to Rs.24,460.20.

4. We agree with the submission made by learned counsel

for the appellant that on the sum held as the liability of defendants

No.3 to 5 pendente lite and future interest was required to be

granted. We also agree that since appellant demanded the amount

due on 29.12.1985 vide notice Ex.PW-1/33 pre suit interest w.e.f.

29.12.1985 @16% per annum was liable to be paid by said

defendants.

5. It appears that by mistake the learned Trial Judge has

omitted reference to pendente lite and future interest while decreeing

the suit against defendants No.3 to 5, who we note, were the

guarantors.

6. Limiting liability under the guarantee, certainly, pendente

lite and future interest has to be paid. Pre suit interest w.e.f.

29.12.1985 has also to be paid.

7. The contractual rate of interest is admittedly @16% per

annum. This is the pre suit interest w.e.f. 29.12.1985, pendente lite

and future interest granted by us against the defendants No.3 to 5.

8. We dispose of the appeal and modify the impugned

judgment and decree dated 19.3.1994 and modify the same by

decreeing the suit of the appellant against defendants No.3 to 5 by

holding that said defendants would be liable to pay pre suit interest

w.e.f. 29.12.1985, pendente lite and future interest @16% per annum

till payment is made on the principal sums held liable to be paid by

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said defendants.

9. No costs.

PRADEEP NANDRAJOG, J.

J.R. MIDHA, J.

DECEMBER 02, 2008
Dharmender

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