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1 - 6 of 6 (0.29 seconds)Bank Of Baroda vs Jagannath Pigment & Chem. And Ors. on 21 September, 1994
In view of the decision of the Apex Court in Bank of Baroda 's case (supra), while calculating the interest the Court below could have as well taken the principal and interest on the date of institution of the proceeding for granting interest instead of calculating interest at the original amount actually advanced and this approach of the trial Court is definitely not in accordance with law and hence it is made clear that the suit is decreed with interest as granted by the trial Court on the amount claimed in the suit treating the same as the principal amount, for the purpose of calculations of the interest.
M/S. Shree Bharat Laxmi Wool Store, ... vs Punjab National Bank And Another on 28 November, 1991
12. The next question which was argued with all vehemence is that because of granting of 6% interest subsequent to the institution of the suit the defaulters are taking undue advantage whereas the bona fide borrowers who are making payments are not getting the same advantage. Sri K.G. Shastry, learned Counsel for the plaintiff-bank with all seriousness had strenuously contended that if the amended provision of Section 34 of the Code of Civil Procedure is not given due effect by making clear that this advantage is not available to the defaulters who intend to take advantage having borrowed the amounts from the Banking Institutions, it will amount to doing injustice in the case of bona fide borrowers who make repayments to the banking institutions with all promptness. Strong reliance was placed on M/s. Shree Bharat Laxmi Wool Store's case (supra) where failure to take notice of the non-applicability of the amendment to the suits filed prior to the amendment of Section 34, Code of Civil Procedure had been pointed out.
Corporation Bank vs D.S. Godwa on 20 June, 1994
Reliance was also placed on Corporation Bank v. D.S. Gowda, (1994) 3 Scale 46.
The Code Of Civil Procedure (Amendment) Act, 1956
The Amending Act, 1897
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