Search Results Page
Search Results
1 - 10 of 13 (0.23 seconds)The Code of Civil Procedure, 1908
THE COMMERCIAL COURTS ACT, 2015
Section 3 in THE COMMERCIAL COURTS ACT, 2015 [Entire Act]
Ms Auto Movers vs Luminous Power Technologies Pvt Ltd on 16 September, 2021
During arguments, it is not disputed by
Ld. Counsel for defendant that payment of Rs. 4 lacs was not
made in RBL Bank which is situated in Rajouri Garden.
Defendant has not given any suggestion to PW-1 that defendant
is not having any office at Kirti Nagar, Delhi. So, the plaintiff is
able to prove that defendant has made payment of Rs. 4 lacs in
RBL Bank account of plaintiff which is situated in Rajouri
Garden. Reliance can be placed on judgment titled as "M/s. Auto
Movers Vs. Luminous Power Technologies Pvt. Ltd." wherein, it
is held that "when, in the present case, the part cause of action
has arisen also on account of the payments made by the
petitioner/ defendant directly into the bank account of the
respondent/plaintiff, even if these were not on regular basis, since
there is nothing to show that the place of payment had been
fixed, even without following the principle that the "debtor must
seek out the creditor", it is clear that the Delhi Courts have
jurisdiction to try the suit and the invoices does not vest
jurisdiction in a court which had no jurisdiction at all".
Central Bank Of India vs Ravindra And Ors on 18 October, 2001
25. Issue No. 4-Whether the plaintiff is entitled forinterest on
the amount of Rs. 11,49,459/-, if yes at what rate and for what
period ? (OPP)
The plaintiff has claimed interest @ 18% per annum from
the defendant. Ld. Counsel for plaintiff has drawn my attention
towards invoices, wherein, it is mentioned that "All delayed
CS (Comm.) No. 359/2024 -18-
payments will attract interest @ @18% p.a.". Reliance can be
placed in this regard on the judgment of Central Bank of India Vs
Ravindra & Ors MANU/SC/0663/2001 passed by Hon'ble
Supreme Court of India. In this judgment it is held that
according to stroud's Judicial dictionary of Words and Phrases
interest means, inter alia, compensation paid by the borrower to
the lender for deprivation of the use of his money.
Secretary Irrigation Department ... vs G.C. Roy on 12 December, 1991
In Secretary,
Irrigation Department, Government of Orissa & Ors Vs G. C.
Roy Manu/ SC/0297/1992 (1992) 2 SCC 508, it is held that the
constitution bench opined that a person deprived of the use of
money to which he is legitimately entitled has a right to be
compensated for the deprivation, call it by any name. It may be
called interest, compensation or damages. This is the principles
of Section 34 CPC.
The Companies Act, 1956
Dr. Shamlal Narula vs Commissioner Of Income-Tax, Punjab on 9 April, 1964
In this judgment, Judgment of Dr. shamlal Narula Vs
CIT Punjab MANU/ SC/0109/1964 (53) was also relied upon
wherein it is held that interest is paid for the deprivation of the
use of the money. In this judgment it is also held that in whatever
category "interest in a particular case may be put, it is a
consideration paid either for the use of money or for forbearance
in demanding it, after it has fallen due, and thus, it is charge for
the use of forbearance of money. In this sense, it is a
compensation allowed by law or fixed by parties, or permitted by
customs or usage, for use of money, belonging to another, or of
the delay in paying money after it has become payable.