Calcutta High Court
Arpit Impex Pvt. Ltd vs Arunodaya Plantations Ltd on 6 August, 2008
Author: Sanjib Banerjee
Bench: Sanjib Banerjee
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
EC No. 14 of 2008
CS NO.72 OF 2002
ARPIT IMPEX PVT. LTD.
Versus
ARUNODAYA PLANTATIONS LTD.
AND
EC NO. 15 OF 2008
CS NO.71 OF 2002
BRONZE STEEL MANUFACTURERS PVT. LTD.
VERSUS
ARUNODAYA PLANTATIONS LTD.
Appearance:
Mr. A. Mitra, Adv.
..For Decree-holder.
Mr. Dhruba Ghosh, Adv.
..for Judgment-debtor.
BEFORE:
The Hon'ble JUSTICE SANJIB BANERJEE
Date : 6th August, 2008.
The Court : Two cheques for Rs.1.25 lakh each have been made over in purported discharge of the monthly instalments due in terms of the order dated April 29, 2008.
The decree-holder accepts such payment without prejudice to its rights and contentions. The decree-holder says that no interest has been 2 paid in terms of the order dated April 29, 2008 and that the judgment- debtor is liable to pay interest for the defaulted period.
For the moment the payments made shall be accepted against instalments due for the months of May, June, July and August. In future, if there is any default in paying the instalments by the due date, the decree-holder will be entitled to interest at the rate of eighteen per cent per annum on the amount defaulted, till the default is made good.
The order dated April 29, 2008 is modified to such extent. The decree-holder will also be entitled to press for the prayers made in the Tabular Statement in addition to the additional interest that it would be entitled to.
Urgent certified photostat copy of this order, if applied for, be supplied to the parties subject to compliance with all requisite formalities.
(SANJIB BANERJEE, J.) bp.
R.O(Ct.)